THE ARMY ACT, 1950 

______ 

ARRANGEMENT OF SECTIONS 

______ 

CHAPTER I 

PRELIMINARY 

SECTIONS 

1. Short title and commencement. 

2. Persons subject to this Act. 

3. Definitions. 

SPECIAL PROVISIONS FOR THE APPLICATION OF ACT IN CERTAIN CASES 

4. Application of Act to certain forces under Central Government. 

CHAPTER II 

5. [Omitted.] 

6. Special provision as to rank in certain cases. 

7. Commanding officer of persons subject to military law under clause (i) of section 2. 

8. Officers exercising powers in certain cases. 

9. Power to declare persons to be on active service. 

CHAPTER III 

COMMISSION, APPOINTMENT AND ENROLMENT 

10. Commission and appointment. 

11. Ineligibility of aliens for enrolment. 

12. Ineligibility of females for enrolment or employment. 

13. Procedure before enrolling officer. 

14. Mode of enrolment. 

15. Validity of enrolment. 

16. Persons to be attested. 

17. Mode of attestation. 

CHAPTER IV 

CONDITIONS OF SERVICE 

18. Tenure of service under the Act. 

19. Termination of service by Central Government. 

20. Dismissal, removal or reduction by the Chief of the Army Staff and by other officers. 

21. Power to modify certain fundamental rights in their application to persons subject to this Act.  

22. Retirement, release or discharge.  

23. Certificate on termination of service. 

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SECTIONS  

24. Discharge or dismissal when out of India. 

CHAPTER V 

SERVICE PRIVILEGES 

25. Authorised deductions only to be made from pay. 

26. Remedy of aggrieved persons other than officers. 

27. Remedy of aggrieved officers. 

28. Immunity from attachment. 

29. Immunity from arrest for debt. 

30. Immunity of persons attending courts-martial from arrest. 

31. Privileges of reservists. 

32. Priority in respect of army personnel’s litigation. 

33. Saving of rights and privileges under other laws. 

CHAPTER VI 

OFFENCES 

34. Offences in relation to the enemy and punishable with death. 

35. Offences in relation to the enemy and not punishable with death. 

36. Offences punishable more severely on active service than at other times. 

37. Mutiny. 

38. Desertion and aiding desertion. 

39. Absence without leave. 

40. Striking or threatening superior officers. 

41. Disobedience to superior officer. 

42. Insubordination and obstruction. 

43. Fraudulent enrolment. 

44. False answers on enrolment. 

45. Unbecoming conduct. 

46. Certain forms of disgraceful conduct. 

47. Ill-treating a subordinate. 

48. Intoxication. 

49. Permitting escape of person in custody. 

50. Irregularity in connection with arrest or confinement. 

51. Escape from custody. 

52. Offences in respect of property. 

53. Extortion and corruption. 

2 

 
 
SECTIONS 

54. Making away with equipment. 

55. Injury to property. 

56. False accusations. 

57. Falsifying official documents and false declaration. 

58. Signing in blank and failure to report. 

59. Offences relating to courts-martial. 

60. False evidence. 

61. Unlawful detention of pay. 

62. Offences in relation to aircraft and flying. 

63. Violation of good order and discipline. 

64. Miscellaneous offences. 

65. Attempt. 

66. Abetment of offences that have been committed. 

67. Abetment of offences punishable with death and not committed. 

68. Abetment of offences punishable with imprisonment and not committed. 

69. Civil offences. 

70. Civil offence not triable by court-martial. 

CHAPTER VII 

PUNISHMENTS 

71. Punishments awardable by courts-martial. 

72. Alternative punishments awardable by court-martial. 

73. Combination of punishments. 

74. Cashiering of officers. 

75. [Omitted.] 

76. [Omitted.] 

77. Result of certain punishments in the case of a warrant officer or non-commissioned officer. 

78. Retention in the ranks of a person convicted on active service. 

79. Punishments otherwise than by court-martial. 

80. Punishment of persons other than officers, junior commissioned officers and warrant officers. 

81. Limit of punishments under section 80. 

82. Punishments in addition to those specified in section 80. 

83. Punishment of officers, junior commissioned officers and warrant officers by brigade 

commanders and others.  

84. Punishment of officers, junior commissioned officers and warrant officers by area commanders 

and others. 

85. Punishment of junior commissioned officers. 

3 

 
SECTIONS 

86. Transmission of proceedings. 

87. Review of proceedings. 

88. Superior military authority. 

89. Collective fines. 

CHAPTER VIII 

PENAL DEDUCTIONS 

90. Deductions from pay and allowances of officers. 

91. Deductions from pay and allowances of persons other than officers. 

92. Computation of time of absence or custody. 

93. Pay and allowances during trial. 

94. Limit of certain deductions. 

95. Deduction from public money due to a person. 

96. Pay and allowances of prisoner of war during inquiry into his conduct. 

97. Remission of deductions. 

98. Provision for dependants of prisoner of war from remitted deductions. 

99. Provision for dependants of prisoner war from his pay and allowances. 

100. Period during which a person is deemed to be a prisoner of war. 

CHAPTER IX 

ARREST AND PROCEEDINGS BEFORE TRIAL 

101. Custody of offenders. 

102. Duty of commanding officer in regard to detention. 

103. Interval between committal and court-martial. 

104. Arrest by civil authorities. 

105. Capture of deserters. 

106. Inquiry into absence without leave. 

107. Provost-marshals. 

CHAPTER X 

COURTS-MARTIAL 

108. Kinds of courts-martial. 

109. Power to convene a general court-martial. 

110. Power to convene a district court-martial. 

111. Contents of warrants issued under sections 109 and 110. 

112. Power to convene a summary general court-martial. 

113. Composition of general court-martial. 

114. Composition of district court-martial. 

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SECTIONS 

115. Composition of summary general court-martial. 

116. Summary court-martial. 

117. Dissolution of courts-martial. 

118. Powers of general and summary general courts-martial. 

119. Powers of district courts-martial. 

120. Powers of summary courts-martial. 

121. Prohibition of second trial. 

122. Period of limitation for trial. 

123. Liability of offender who ceases to be subject to Act. 

124. Place of trial. 

125. Choice between criminal court and court-martial. 

126. Power of criminal court to require delivery of offender. 

127. [Omitted.] 

CHAPTER XI 

PROCEDURE OF COURTS-MARTIAL 

128. Presiding officer. 

129. Judge advocate. 

130. Challenges. 

131. Oaths of member, judge advocate and witness. 

132. Voting by members. 

133. General rule as to evidence. 

134. Judicial notice. 

135. Summoning witnesses. 

136. Documents exempted from production. 

137. Commissions for examination of witnesses. 

138. Examination of a witness on commission. 

139. Conviction of offence not charged. 

140. Presumption as to signatures. 

141. Enrolment paper. 

142. Presumption as to certain documents. 

143. Reference by accused to Government officer. 

144. Evidence of previous convictions and general character. 

145. Lunacy of accused. 

146. Subsequent fitness of lunatic accused for trial. 

147. Transmission to Central Government of orders under section 146. 

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SECTIONS 

148. Release of lunatic accused. 

149. Delivery of lunatic accused to relatives. 

150. Order for custody and disposal of property pending trial. 

151. Order for disposal of property regarding which offence is committed. 

152. Powers of court-martial in relation to proceedings under this Act. 

CHAPTER XII 

CONFIRMATION AND REVISION 

153. Finding and sentence not valid, unless confirmed. 

154. Power to confirm finding and sentence of general court-martial. 

155. Power to confirm finding and sentence of district court-martial. 

156. Limitation of powers of confirming authority. 

157. Power to confirm finding and sentence of summary general court-martial. 

158. Power of confirming authority to mitigate, remit or commute sentences. 

159. Confirming of findings and sentences on board a ship. 

160. Revision of finding or sentence. 

161. Finding and sentence of a summary court-martial. 

162. Transmission of proceedings of summary court-martial. 

163. Alteration of finding or sentence in certain cases. 

164. Remedy against order, finding or sentence of court-martial. 

165. Annulment of proceedings. 

CHAPTER XIII 

EXECUTION OF SENTENCES 

166. Form of sentence of death. 

167. Commencement of sentence of transportation or imprisonment. 

168. Execution of sentence of transportation. 

169. Execution of sentence of imprisonment. 

169A. Period of custody undergone by the officer or person to be set off against the imprisonment. 

170. Temporary custody of offender. 

171. Execution of sentence of imprisonment in special cases. 

172. Conveyance of prisoner from place to place. 

173. Communication of certain orders to prison officers. 

174. Execution of sentence of fine. 

175. Establishment and regulation of military prisons. 

176. Informality or error in the order or warrant. 

177. Power to make rules in respect of prisons and prisoners. 

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SECTIONS 

178. Restriction of rulemaking power in regard to corporal punishment. 

CHAPTER XIV 

PARDONS, REMISSIONS AND SUSPENSIONS 

179. Pardon and remission. 

180. Cancellation of conditional pardon, release on parole or remission. 

181. Reduction of warrant officer or non-commissioned officer. 

182. Suspension of sentence of transportation or imprisonment. 

183. Orders pending suspension. 

184. Release on suspension. 

185. Computation of period of suspension. 

186. Order after suspension. 

187. Reconsideration of case after suspension. 

188. Fresh sentences after suspension. 

189. Scope of power of suspension. 

190. Effect of suspension and remission on dismissal. 

CHAPTER XV 

RULES 

191. Power to make rules. 

192. Power to make regulations. 

193. Publication of rules and regulations in Gazette. 

193A. Rules and regulations to be laid before Parliament. 

194. [Repealed.] 

195—196. [Chapter XVI.] [Omitted.] 

THE SCHEDULE.—[Repealed.] 

7 

 
 
 
 
 
 
 
 
 
 
 
THE ARMY ACT, 1950 
ACT NO. 46 OF 19501 

An Act to consolidate and amend the law relating to the Government of the regular Army.  

BE it enacted by Parliament as follows:— 

[20th May, 1950.] 

CHAPTER I 

PRELIMINARY 

1. Short title and commencement.—(1) This Act may be called the Army Act, 1950. 
(2)  It  shall  come  into  force  on  such  date2  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint in this behalf. 

2. Persons subject to this Act.—(1) The following persons shall be subject to this Act wherever they 

may be, namely:— 

(a) officers, junior commissioned officers and warrant officers of the regular Army; 

(b) persons enrolled under this Act; 

(c) persons belonging to the Indian Reserve Forces; 

(d) persons belonging to the Indian Supplementary Reserve Forces when called out for service or 

when carrying out the annual test; 

(e) officers of the Territorial Army, when doing duty as such officers, and enrolled persons of the 
said Army when called out or embodied or attached to any regular forces, subject to such adaptations 
and  modifications  as  may  be  made  in  the  application  of  this  Act  to  such  persons  under                    
sub-section (1) of section 9 of the Territorial Army Act, 1948 (56 of 1948).  

 (f) persons holding commissions in the Army in India Reserve of Officers, when ordered on any 

duty or service for which they are liable as members of such reserve forces; 

(g)  officers  appointed  to  the  Indian  Regular  Reserve  of  Officers,  when  ordered  on  any  duty  or 

service for which they are liable as members of such reserve forces; 

3* 

* 

* 

* 

* 

(i) persons not otherwise subject to military law who, on active service, in camp, on the march or 
at any frontier post specified by the Central Government by notification in this behalf, are employed 
by, or are in the service of, or are followers of, or accompany any portion of, the regular Army. 

(2)  Every  person  subject  to  this  Act  under  clauses  (a)  to  4[(g)]  of  sub-section  (1)  shall  remain  so 

subject until duly retired, discharged, released, removed, dismissed or cashiered from the service. 

3. Definitions.—In this Act, unless the context otherwise requires,— 

(i) “active service”, as applied to a person subject to this Act, means the time during which such 

person— 

(a) is attached to, or forms part of, a force which is engaged in operations against an enemy, 

or 

1. This Act has been extended to-Goa, Daman and Diu with modifications by Reg. 12 of 1962, s. 3 and Schedule (w.e.f. 31-1-
1963);  Assam  Rifles  as  modified  by  S.R.O.  318,  dated  6-12-1962,  see  Gazette  of  India,  Part  II,  s.  4,  page  223.  N.P. 
Pondicherry vide Reg. 7 of 1963, s. 3 and Schedule  I (w.e.f. 1-10- 1963).  And brought into force in Dadra and Nagar Haveli 
by Reg. 6 of 1963, s. 2 and Schedule I (w.e.f. 1-7-1965).  

2. 22nd July, 1950, vide notification No. S.R.0 120, dated the 22nd July, 1950, see Gazette of India, Part II, s. 4.    
3. Omitted by the Adaptation of laws (No. 3) Order, 1956. 
4. Subs. ibid., for clause (h). 

8 

 
 
 
 
 
 
 
 
                                                           
(b)  is  engaged  in  military  operations  in,  or  is  on  the  line  of  march  to,  a  country  or  place 

wholly or partly occupied by an enemy, or 

(c) is attached to or forms part of a force which is in military occupation of a foreign country;  

(ii) “civil offence” means an offence which is triable by a Criminal Court; 

(iii) “civil prison” means any jail or place used for the detention of any criminal prisoner under 

the Prisons Act, 1894 (9 of 1894), or under any other law for the time being in force;  

1[(iv) “Chief of the Army Staff,” means the officer commanding the regular Army;] 

(v) “commanding officer”, when used in any provision of this Act, with reference to any separate 
portion of the regular Army or to any department thereof, means the officer whose duty it is under the 
regulations  of  the  regular  Army,or  in  the  absence  of  any  such  regulations,  by  the  custom  of  the 
service, to discharge with respect to that portion of the regular Army or that department, as the case 
may be, the functions of a commanding officer in regard to matters of the description referred to in 
that provision; 

(vi)  “corps”  means  any  separate  body  of  persons  subject  to  this  Act,  which  is  prescribed  as  a 

corps for the purposes of all or any of the provisions of this Act; 

(vii) “court-martial” means a court-martial held under this Act; 

(viii)”Criminal Court” means a Court of ordinary criminal justice in any part of India 2*** ;  

(ix) “department” includes any division or branch of a department; 

(x) “enemy” includes all armed mutineers, armed rebels, armed rioters, pirates and any person in 

arms against whom it is the duty of any person subject to military law to act; 

(xi) “the Forces” means the regular Army, Navy and Air Force or any part of any one or more of 

them; 

(xii) “junior commissioned officer” means a person commissioned, gazetted or in pay as a junior 
commissioned  officer  in  the  regular  Army  or  the  Indian  Reserve  Forces,  and  includes  a  person 
holding  a  junior  commission  in  the  Indian  Supplementary  Reserve  Forces,  or the  Territorial  Army,             
3* * * who is for the time being subject to this Act; 

(xiii) “military custody” means the arrest or confinement of a person according to the usages of 

the service and includes naval or air force custody; 

(xiv) “military reward” includes any gratuity or annuity for long service or good conduct, good 

service pay or pension, and any other military pecuniary reward; 

(xv) “non-commissioned officer” means a person holding a non-commissioned rank or an acting 
non-commissioned  rank  in  the  regular  Army  or  the  Indian  Reserve  Forces,  and  includes  a  non-
commissioned  officer  or  acting  non-commissioned  officer  of  the  Indian  Supplementary  Reserve 
Forces or the Territorial Army 4* * *, who is for the time being subject to this Act; 
(xvi) “notification” means a notification published in the Official Gazette; 
(xvii) “offence” means any act or omission punishable under this Act and includes a civil offence 

as hereinbefore defined; 

(xviii)  “officer”  means  a  person  commissioned,  gazetted  are  in  pay  as  an  officer  in  the  regular 

Army, and includes— 

(a) an officer of the Indian Reserve Forces; 

1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for clause (iv).  
2. The words “other than the State of Jammu and Kashmir” omitted by Act 13 of 1975, s. 3 (w.e.f. 25-1-1975). 
3. The words and letter “or a junior or equivalent commission in the land forces of a Part B State” omitted by the Adaptation of 

Laws (No. 3) Order, 1956. 

4.  The words and letter “or the land forces of a Part B State” omitted, ibid. 

9 

 
                                                           
(b)  an  officer  holding  a  commission  in  the  Territorial  Army  granted  by  the  President  with 
designation of rank corresponding to that of an officer of the regular Army who is for the time 
being subject to this Act; 

(c) an officer of the Army in India Reserve of Officers who is for the time being subject to 

this Act; 

(d) an officer of the Indian Regular Reserve of Officers who is for the time being subject to 

this Act; 
1* 

* 

* 

* 

* 

(f) in relation to a person subject to this Act when serving under such conditions as may be 

prescribed, an officer of the Navy or Air Force; 

but  does  not  include  a  junior  commissioned  officer,  warrant  officer,  petty  officer  or  non-
commissioned officer;  

(xix) “prescribed” means prescribed by rules made under this Act; 

(xx) “provost-marshal” means a person appointed as such under section 107 and includes any of 

his deputies or assistants or any other person legally exercising authority under him or on his behalf; 

(xxi)  “regular  Army”  means  officers,  junior  commissioned  officers,  warrant  officers,  non-
commissioned  officers  and  other  enrolled  persons  who,  by  their  commission,  warrant,  terms  of 
enrolment or otherwise, are liable to warrant, terms of enrolment or otherwise, are liable to Union in 
any  part  of  the  world,  including  persons  belonging  to  the  Reserve  Forces  and  the  Territorial  Army 
when called out on permanent service; 

(xxii) “regulation” includes a regulation made under this Act; 

(xxiii) “superior officer”, when used in relation to a person subject to this Act, includes a junior 
commissioned  officer,  warrant  officer  and  a  non-commissioned  officer,  and,  as  regards  persons 
placed under his orders, an officer, warrant officer, petty officer and non-commissioned officer of the 
Navy or Air Force; 

(xxiv) “warrant officer” means a person appointed, gazetted or in pay as a warrant officer of the 
regular  Army  or  of  the  Indian  Reserve  Forces,  and  includes  a  warrant  officer  of  the  Indian 
Supplementary Reserve Forces or of the Territorial Army  2* * * who is for the time being subject to 
this Act; 

(xxv) 3[all words (except the word “India”)] and expressions used but not defined in this Act and 
defined in the Indian Penal Code (45 of 1860) shall be deemed to have the meanings assigned to them 
in that Code. 

SPECIAL PROVISIONS FOR THE APPLICATION OF ACT IN CERTAIN CASES 

CHAPTER II 

4. Application of Act to certain forces under Central Government.—(1) The Central Government 
may, by notification, apply, with or without modifications, all or any of the provisions of this Act to any 
force  raised  and  maintained  in  India  under  the  authority  of  that  Government,  4*  *  *  and  suspend  the 
operation of any other enactment for the time being applicable to the said force. 

 (2) The provisions of this Act so applied shall have effect in respect of persons belonging to the said 
force as they have effect in respect of persons subject to this Act holding in the regular Army the same or 
equivalent rank as the aforesaid persons hold for the time being in the said force. 

1.  Omitted by the Adaptation of Laws (No. 3) Order, 1956. 
2.  The words and letter “or the land forces of a Part B State” omitted, ibid. 
3. Subs. by Act 13 of 1975, s. 3, for “all words” (w.e.f. 25-1- 1975). 
4. The words “including any force maintained by a Part B State” omitted by the Adaptation of Laws (No. 3) Order, 1956. 

10 

 
 
 
 
 
 
 
 
                                                           
(3)  The  provisions  of  this  Act  so  applied  shall  also  have  effect  in  respect  of  persons  who  are 
employed by or are in the service of or are followers of or accompany any portion of the said force as 
they  have  effect  in  respect  of  persons  subject  to  this  Act  under  1[clause  (i)  of  sub-section  (1)  of                  
section (2)]. 

(4) While any of the provisions of this Act apply to the said force, the Central Government may, by 
notification, direct by what authority any jurisdiction, powers or duties incident to the operation of these 
provisions shall be exercised or performed in respect of the said force. 

5.  [Application  of  Act  to  forces  of  Part  B  States.]  Omitted  by  the  Adaptation  of  Laws  (No.  3)         

Order, 1956. 

6. Special provision as to rank in certain cases.—(1) The Central Government may, by notification, 
direct  that  any  persons  or  class  of  persons  subject  to  this  Act  under  1[clause  (i)  of  sub-section  (1)  of 
section  2]  shall  be  so  subject  as  officers,  junior  commissioned  officers,  warrant  officers  or                    
non-commissioned  officers  and  may  authorise  any  officer  to  give  a  like  direction  and  to  cancel  such 
direction. 

(2) All persons subject to this Act other than officers, junior commissioned officers, warrant officers 
and non-commissioned officers shall, if they are not persons in respect of whom a notification or direction 
under sub-section (1) is in force, be deemed to be of a rank inferior to that of a non-commissioned officer. 

7.  Commanding  officer  of  persons  subject  to  military  law  under  clause  (i)  of  section  2.—(1) 
Every person subject to this Act under  1[clause (i) of sub-section (1) of section 2] shall, for the purposes 
of  this  Act,  be  deemed  to  be  under  the commanding  officer  of the  corps,  department  of  detachment,  if 
any, to which he is attached, and, if he is not so attached, under the command of any officer who may for 
the time being be named as his commanding officer by the officer commanding the force with which such 
person  for  the time  being  is  serving,  or  any  other  prescribed  officer,  or,  if  no  such  officer is  named  or 
prescribed, under the command of the said officer commanding the force.  

(2) An officer commanding a force shall not place a person subject to this Act under  1[clause (i) of 
sub-section (1) of section 2] under the command of an officer of rank inferior to that of such person, if 
there is present at the place where such person is any officer of a higher rank under whose command he 
can be placed. 

8.  Officers  exercising  powers  in  certain  cases.—(1)  Whenever  persons  subject  to  this  Act  are 
serving under an officer commanding any military organisation, not in this section specifically named and 
being in the opinion of the Central Government not less than a brigade, that Government may prescribe 
the officer by whom the powers, which under this Act may be exercised by officers commanding armies, 
army corps, divisions and brigades, shall, as regards such persons, be exercised.  

(2) The Central Government may confer such powers, either absolutely or subject to such restrictions, 

reservations, exceptions and conditions, as it may think fit. 

9.  Power  to  declare  persons  to  be  on  active  service.—Notwithstanding  anything  contained  in   
clause (i) of section 3, the Central Government may, by notification, declare that any person or class of 
persons  subject  to  this  Act  shall,  with  reference  to  any  area  in  which  they  may  be  serving  or  with 
reference to any provision of this Act or of any other law for the time being in force, be deemed to be on 
active service within the meaning of this Act. 

CHAPTER III 
COMMISSION, APPOINTMENT AND ENROLMENT 

10.  Commission  and  appointment.—The  President  may  grant,  to  such  person  as  he  thinks  fit,  a 
commission as an officer, or as a junior commissioned officer or appoint any person, as a warrant officer 
of the regular Army. 

11. Ineligibility of aliens for enrolment.—No person who is not a citizen of India shall, except with 

the consent of the Central Government signified in writing, be enrolled in the regular Army:  

1. Subs. by Act 56 of 1974, s. 3 and the Second Schedule, for “clause (i) of section 2”. 

11 

 
                                                           
Provided that nothing contained in this section shall bar the enrolment of the subjects of Nepal in the 

regular Army. 

12.  Ineligibility  of  females  for  enrolment  or  employment.—No  female  shall  be  eligible  for 
enrolment or employment in the regular Army, except in such corps, department, branch or other body 
forming  part  of,  or  attached  to  any  portion  of,  the  regular  Army  as  the  Central  Government  may,  by 
notification in the Official Gazette, specify in this behalf: 

Provided  that  nothing  contained  in  this  section  shall  affect  the  provisions  of  any  law  for  the  time 
being in force providing for the raising and maintenance of any service auxiliary to the regular Army ,or 
any branch thereof in which females are eligible for enrolment or employment. 

13.  Procedure  before  enrolling  officer.—Upon  the  appearance  before  the  prescribed  enrolling 
officer  of any  person  desirous  of being  enrolled, the enrolling  officer  shall  read  and  explain  to  him,  or 
cause to be read and explained to him in his presence, the conditions of the service for which he is to be 
enrolled; and shall put to him the questions set forth in the prescribed form of enrolment, and shall, after 
having cautioned him that if he makes a false answer to any such question, he will be liable to punishment 
under this Act, record or cause to be recorded his answer to each such question. 

14. Mode of enrolment.—If, after complying with the provisions of section 13, the enrolling officer 
is  satisfied  that  the  person  desirous  of  being  enrolled  fully  understands  the  questions  put  to  him  and 
consents to the conditions of service, and if such officer perceives no impediment, he shall sign and shall 
also  cause  such  person  to  sign  the  enrolment  paper,  and  such  person  shall  thereupon  be  deemed  to  be 
enrolled. 

15. Validity of enrolment.—Every person who has for the space of three months been in receipt of 
pay as a person enrolled under this Act and been borne on the rolls of any corps or department shall be 
deemed to have been duly enrolled, and shall not be entitled to claim his discharge on the ground of any 
irregularity or illegality in his enrolment or on any other ground whatsoever ; and if any person, in receipt 
of such pay and borne on the rolls as aforesaid, claims his discharge before the expiry of three months 
from  his  enrolment,  no  such  irregularity  or  illegality  or  other  ground  shall,  until  he  is  discharged  in 
pursuance  of  his  claim,  affect  his  position  as  an  enrolled  person  under  this  Act  or  invalidate  any 
proceeding, act or thing taken or done prior to his discharge. 

16. Persons to be attested.—The following persons shall be attested, namely:— 

(a) all persons enrolled as combatants; 
(b) all persons selected to hold a non-commissioned or acting non-commissioned rank; and 
(c) all other persons subject to this Act as may be prescribed by the Central Government. 

17.  Mode  of  attestation.—(1) When  a  person  who  is  to  be  attested is  reported  fit  for  duty,  or  has 
completed the prescribed period of probation, an oath or affirmation shall be administered to him in the 
prescribed form by his commanding officer in front of his corps or such portion thereof or such members 
of his department as may be present, or by any other prescribed person. 

(2)  The  form  of  oath  or  affirmation  prescribed  under  this  section  shall  contain  a  promise  that  the 
person to be attested will bear true allegiance to the Constitution of India as by law established, and that 
he will serve in the regular Army and go wherever he is ordered by land, sea or air, and that he will obey 
all commands of any officer set over him, even to the peril of his life. 

(3) The fact of an enrolled person having taken the oath or affirmation directed by this section to be 
taken  shall  be  entered  on  his  enrolment  paper,  and  authenticated  by  the  signature  of  the  officer 
administering the oath or affirmation. 

CHAPTER IV 
CONDITIONS OF SERVICE 

18. Tenure of service under the Act.—Every person subject to this Act shall hold office during the 

pleasure of the President. 

19. Termination of service by Central Government.—Subject to the provisions of this Act and the 
rules and regulations made thereunder the Central Government may dismiss, or remove from the service, 
any person subject to this Act. 

12 

 
20. Dismissal, removal or reduction by the Chief of the Army Staff and by other officers.—(1) 
1[The Chief of the Army Staff ] may dismiss or remove from the service any person subject to this Act 
other than an officer. 

(2)  1[The  Chief  of  the  Army  Staff]  may  reduce  to  a  lower  grade  or  rank  or  the  ranks,  any  warrant 

officer or any non-commissioned officer. 

(3)  An  officer  having  power  not  less  than  a  brigade  or  equivalent  commander  or  any  prescribed 
officer  may  dismiss  or  remove  from  the  service  any  person  serving  under  his  command  other  than  an 
officer or a junior commissioned officer. 

(4) Any such officer as is mentioned in sub-section (3) may reduce to a lower grade or rank or the 

ranks, any warrant officer or any non-commissioned officer under his command. 

(5) A warrant officer reduced to the ranks under this section shall not, however, be required to serve 

in the ranks as a sepoy. 

(6) The  commanding  officer  of  an  acting  non-commissioned  officer  may  order him  to  revert  to  his 
permanent grade as a non-commissioned officer, or if he has no permanent grade above the ranks, to the 
ranks. 

(7) The exercise of any power under this section shall be subject to the said provisions contained in 

this Act and the rules and regulations made thereunder. 

21. Power to modify certain fundamental rights in their application to persons subject to this 
Act.—Subject to the provisions of any law for the time being in force relating to the regular Army or to 
any  branch  thereof,  the  Central  Government  may,  by  notification,  make  rules  restricting  to  such  extent 
and in such manner as may be necessary the right of any person subject to this Act— 

(a) to be a member of, or to be associated in any way with, any trade union or labour union, or 
any class of trade or labour unions or any society, institution or association, or any class of societies, 
institutions or associations; 

(b) to attend or address any meeting or to take part in any demonstration organised by any body 

of persons for any political or other purposes; 

(c) to communicate with the press or to publish or cause to be published any book, letter or other 

document. 

22. Retirement, release or discharge.—Any person subject to this Act may be retired, released or 

discharged from the service by such authority and in such manner as may be prescribed. 

23. Certificate on termination of service.—Every junior commissioned officer, warrant officer, or 
enrolled  person  who  is  dismissed,  removed,  discharged,  retired  or  released  from  the  service  shall  be 
furnished  by  his  commanding  officer  with  a  certificate,  in  the  language  which  is  the  mother  tongue  of 
such person and also in the English language setting forth— 

(a) the authority terminating his service; 

(b) the cause for such termination ; and 

(c) the full period of his service in the regular Army. 

24.  Discharge  or  dismissal  when  out  of  India.—(1)  Any  person  enrolled  under  this  Act  who  is 
entitled  under  the  conditions  of  his  enrolment  to  be  discharged,  or  whose  discharge  is  ordered  by 
competent authority, and who, when he is so entitled or ordered to be discharged, is serving out of India, 
and requests to be sent to India, shall, before being discharged, be sent to India with all convenient speed. 

(2)  Any  person  enrolled  under this  Act  who is  dismissed  from  the  service  and  who,  when  he  is  so 

dismissed, is serving out of India, shall be sent to India with all convenient speed. 

1 Subs. by Act 19 of 1955, s. 2 and the Schedule, for “The Commander-in-Chief”. 

13 

 
                                                           
(3) Where any such person as is mentioned in sub-section (2) is sentenced to dismissal combined with 
any  other  punishment,  such  other  punishment,  or,  in  the  case  of  a  sentence  of  transportation  or 
imprisonment, a portion of such sentence may be inflicted before he is sent to India. 

(4)  For  the  purposes  of  this  section,  the  word  “discharge”  shall  include  release,  and  the  word 

“dismissal” shall include removal. 

CHAPTER V 

SERVICE PRIVILEGES 

25. Authorised deductions only to be made from pay.—The pay of every person subject to this Act 
due to him as such under any regulation for the time being in force shall be paid without any deduction 
other than the deductions authorised by or under this or any other Act. 

26.  Remedy  of  aggrieved  persons  other  than  officers.—(1)  Any  person  subject  to  this  Act  other 
than  an  officer  who  deems  himself  wronged  by  any  superior  or  other  officer  may,  if  not  attached  to  a 
troop  or  company,  complain  to  the  officer  under  whose  command  or  orders  he  is  serving;  and  may,  if 
attached to a troop or company, complain to the officer commanding the same. 

(2)  When  the  officer  complained  against  is  the  officer  to  whom  any  complaint  should,  under           

sub-section (1), be preferred, the aggrieved person may complain to such officer’s next superior officer.  

(3) Every officer receiving any such complaint shall make as complete an investigation into it as may 
be possible for giving full redress to the complainant; or, when necessary, refer the complaint to superior 
authority. 

(4) Every such complaint shall be preferred in such manner as may from time to time be specified by 

the proper authority. 

(5)  The  Central  Government  may  revise  any  decision  by  1[the  Chief  of  the  Army  Staff]  under                 

sub-section (2), but, subject thereto, the decision of 1[the Chief of the Army Staff ] shall be final. 

27. Remedy of aggrieved officers.—Any officer who deems himself wronged by his commanding 
officer  or  any  superior  officer  and  who  on  due  application  made  to  his  commanding  officer  does  not 
receive the redress to which he considers himself entitled, may complain to the Central Government in 
such manner as may from time to time be specified by the proper authority. 

28.  Immunity  from  attachment.—Neither  the  arms,  clothes,  equipment,  accoutrements  or 
necessaries of any person subject to this Act, nor any animal used by him for the discharge of his duty, 
shall be seized, nor shall the pay and allowances of any such person or any part thereof be attached, by 
direction  of  any  civil  or  revenue  court  or  any  revenue  officer  in  satisfaction  of  any  decree  or  order 
enforceable against him. 

29. Immunity from arrest for debt.—(1) No person subject to this Act shall, so long as he belongs 
to the Forces, be liable to be arrested for debt under any process issued by, or by the authority of, any civil 
or revenue court or revenue officer. 

(2) The judge  of  any  such  court  or the  said officer may  examine  into  any  complaint  made  by  such 
person or his superior officer of the arrest of such person contrary to the provisions of this section and 
may,  by  warrant  under  his  hand,  discharge  the  person,  and  award  reasonable  costs  to  the  complainant, 
who may recover those costs in like manner as he might have recovered costs awarded to him by a decree 
against the person obtaining the process. 

(3) For the recovery of such costs no court-fee shall be payable by the complainant. 

30.  Immunity  of  persons  attending  courts-martial  from  arrest.—(1)  No  presiding  officer  or 
member of a court-martial, no judge advocate, no party to any proceeding before a court-martial, or his 
legal  practitioner  or  agent,  and  no  witness  acting  in  obedience  to  a  summons  to  attend  a  court-martial 

1. Subs. by Act 19 of 1955, s. 2 and the schedule for “the Commander-in-Chief”.  

14 

 
                                                           
shall, while proceeding to, attending or returning from, a court-martial, be liable to arrest under civil or 
revenue process. 

(2) If any such person is arrested under any such process, he may be discharged by order of the court-

martial.  

31.  Privileges  of  reservists.—Every  person  belonging  to  the  Indian  Reserve  Forces  shall,  when 
called out for or engaged in or returning from, training or service, be entitled to all the privileges accorded 
by sections 28 and 29 to a person subject to this Act. 

32. Priority in respect of army personnel’s litigation.—(1) On the presentation to any court by or 
on behalf of any person subject to this Act of a certificate from the proper military authority of leave of 
absence having been granted to or applied for by him for the purpose of prosecuting or defending any suit 
or other proceeding in such court, the court shall, on the application of such person, arrange, so far as may 
be possible, for the hearing and final disposal of such suit or other proceeding within the period of the 
leave so granted or applied for. 

(2) The certificate from the proper military authority shall state the first and last day of the leave or 
intended  leave,  and  set  forth  a  description  of  the  case  with  respect  to  which  the  leave  was  granted  or 
applied for. 

(3) No fee shall be payable to the court in respect of the presentation of any such certificate, or of any 

application by or on behalf of any such person, for priority for the hearing of his case. 

(4)  Where  the  court  is  unable  to  arrange  for  the  hearing  and  final  disposal  of  the  suit  or  other 
proceeding within the period of such leave or intended leave as aforesaid, it shall record its reasons for its 
inability to do so, and shall cause a copy thereof to be furnished to such person on his application without 
any payment whatever by him in respect either of the application for such copy or of the copy itself. 

(5) If in any case a question arises as to the proper military authority qualified to grant such certificate 
as aforesaid, such question shall at once be referred by the court to an officer having power not less than a 
brigade or equivalent commander whose decision shall be final. 

33. Saving of rights and privileges under other laws.—The rights and privileges specified in the 
preceding sections of this Chapter shall be in addition to, and not in derogation of, any other rights and 
privileges  conferred  on  persons  subject  to  this  Act  or  on  members  of  the  regular  Army,  Navy  and  Air 
Force generally by any other law for the time being in force. 

CHAPTER VI 

OFFENCES 

34. Offences in relation to the enemy and punishable with death.—Any person subject to this Act 

who commits any of the following offences, that is to say,— 

(a) shamefully abandons or delivers up any garrison, fortress, post, place or guard, committed to 
his charge, or which it is his duty to defend, or uses any means to compel or induce any commanding 
officer or other person to commit any of the said acts; or 

(b) intentionally uses any means to compel or induce any person subject to military, naval or air 
force law to abstain from acting against the enemy, or to discourage such person from acting against 
the enemy; or 

(c) in the presence of the enemy, shamefully casts away his arms, ammunition, tools or equipment 

or misbehaves in such manner as to show cowardice; or 

(d) treacherously holds correspondence with, or communicates intelligence to, the enemy or any 

person in arms against the Union; or 

(e) directly or indirectly assists the enemy with money, arms, ammunition, stores or supplies; or  

(f) treacherously or through cowardice sends a flag of truce to the enemy; or 

15 

 
(g) in time of war or during any military operation, intentionally occasions a false alarm in action, 

camp, garrison or quarters, or spreads reports calculated to create alarm or despondency; or 

(h)  in  time  of  action  leaves  his  commanding  officer  or  his  post,  guard,  picquet,  patrol  or  party 

without being regularly relieved or without leave; or 

(i) having been made a prisoner of war, voluntarily serves with or aids the enemy; or 

(j) knowingly harbours or protects an enemy not being a prisoner; or 

(k) being a sentry in time of war or alarm, sleeps upon his post or is intoxicated; or 

(l) knowingly does any act calculated to imperil the success of the military, naval or air forces of 

India or any forces co-operating therewith or any part of such forces; 

shall, on conviction by court-martial, be liable to suffer death or such less punishment as is in this Act 
mentioned. 

35. Offences in relation to the enemy and not punishable with death.—Any person subject to this 

Act who commits any of the following offences, that is to say,— 

(a)  is  taken  prisoner,  by  want  of  due  precaution,  or  through  disobedience  of  orders,  or  wilful 

neglect of duty, or having been taken prisoner, fails to rejoin his service when able to do so; or 

(b) without due authority holds correspondence with or communicates intelligence to the enemy 
or having come by the knowledge of any such correspondence or communication, wilfully omits to 
discover it immediately to his commanding or other superior officer; or 

(c) without due authority sends a flag of truce to the enemy; shall, on conviction by court-martial, 
be  liable  to  suffer  imprisonment  for  a  term  which  may  extend  to  fourteen  years  or  such  less 
punishment as is in this Act mentioned. 

36. Offences punishable more severely on active service than at other times.—Any person subject 

to this Act who commits any of the following offences, that is to say,— 

(a) forces a safeguard, or forces or uses criminal force to a sentry; or 

(b) breaks into any house or other place in search of plunder; or 

(c) being a sentry sleeps upon his post, or is intoxicated; or 

(d) without orders from his superior officer leaves his guard, picquet, patrol or post ; or 

(e)  intentionally  or  through  neglect  occasions  a  false  alarm  in  camp,  garrison,  or  quarters  ;  or 

spreads reports calculated to create unnecessary alarm or despondency ; or 

(f) makes known the parole, watchword or countersign to any person not entitled to receive it; or 

knowingly gives a parole, watchword or countersign different from what he received; 

 shall, on conviction by court-martial, 

if he commits any such offence when on active service, be liable to suffer imprisonment for a term which 
may extend to fourteen years or such less punishment as is in this Act mentioned; and  

if he commits any such offence when not on active service, be liable to suffer imprisonment for a term 
which may extend to seven years or such less punishment as is in this Act mentioned. 

37. Mutiny.—Any person subject to this Act who commits any of the following offences, that is to 

say,— 

(a)  begins,  incites,  causes,  or  conspires  with  any  other  persons  to  cause  any  mutiny  in  the 

military, naval or air forces of India or any forces co-operating therewith; or 

(b) joins in any such mutiny; or 

(c) being present at any such mutiny, does not use his utmost endeavours to suppress the same; or 

16 

 
(d) knowing or having reason to believe in the existence of any such mutiny, or of any intention 
to  mutiny  or  of  any  such  conspiracy,  does  not,  without  delay,  give  information  thereof  to  his 
commanding or other superior officer; or 

(e) endeavours to seduce any person in the military, naval. or air forces of India from his duty or 

allegiance to the Union; 

shall, on conviction by court-martial, be liable to suffer death or such less punishment as is in this Act 
mentioned. 

38. Desertion and aiding desertion.—(1) Any person subject to this Act who deserts or attempts to 

desert the service shall, on conviction by court-martial, 

if he commits the offence on active service or when under orders for active service, be liable to 

suffer death or such less punishment as is in this Act mentioned; and 

if he commits the offence under any other circumstances, be liable to suffer imprisonment for a 

term which may extend to seven years or such less punishment as is in this Act mentioned. 

(2) Any person subject to this Act who, knowingly harbours any such deserter shall, on conviction by 
court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less 
punishment as is in this Act mentioned. 

(3) Any person subject to this Act who, being cognizant of any desertion or attempt at desertion of a 
person subject to this Act, does not forthwith give notice to his own or some other superior officer, or take 
any steps in his power to cause such person to be apprehended, shall, on conviction by court-martial, be 
liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in 
this Act mentioned. 

39.  Absence  without  leave.—Any  person  subject  to  this  Act  who  commits  any  of  the  following 

offences, that is to say,— 

(a) absents himself without leave; or 

(b) without sufficient cause overstays leave granted to him; or 

(c)  being  on  leave  of  absence  and  having  received  information  from  proper  authority  that  any 
corps,  or  portion  of  a  corps,  or  any  department,  to  which  he  belongs,  has  been  ordered  on  active 
service, fails, without sufficient cause, to rejoin without delay; or 

(d) without sufficient cause fails to appear at the time fixed at the parade or place appointed for 

exercise or duty; or 

(e) when on parade, or on the line of march, without sufficient cause or without leave from his 

superior officer, quits the parade or line of march; or 

(f)  when  in  camp  or  garrison  or  elsewhere,  is  found  beyond  any  limits  fixed,  or  in  any  place 
prohibited,  by  any  general,  local  or  other  order,  without  a  pass  or  written  leave  from  his  superior 
officer; or 

(g) without leave from his superior officer or without due cause, absents himself from any school 

when duly ordered to attend there; 

shall,  on  conviction  by  court-martial,  be  liable  to  suffer  imprisonment  for  a  term  which  may  extend  to 
three years or such less punishment as is in this Act mentioned. 

40. Striking or threatening superior officers.—Any person subject to this Act who commits any of 

the following offences, that is to say,— 

(a) uses criminal force to or assaults his superior officer; or 

(b) uses threatening language to such officer; or 

(c) uses insubordinate language to such officer; 

17 

 
shall, on conviction by court-martial, 

if such officer is at the time in the execution of his office or, if the offence is committed on active 
service,  be  liable  to  suffer  imprisonment  for  a  term  which  may  extend  to  fourteen  years  or  such  less 
punishment as is in this Act mentioned; and 

in other cases, be liable to suffer imprisonment for a term which may extend to ten years or such less 

punishment as is in this Act mentioned: 

Provided that in the case of an offence specified in clause (c), the imprisonment shall not exceed five 

years. 

41.  Disobedience  to  superior  officer.—(1)  Any  person  subject  to  this  Act  who  disobeys  in  such 
manner as to show a wilful defiance of authority any lawful command given personally by his superior 
officer  in  the  execution  of  his  office  whether  the  same  is  given  orally,  or  in  writing  or  by  signal  or 
otherwise shall on conviction by court-  martial, be liable to suffer imprisonment for a term which may 
extend to fourteen years or such less punishment as is in this Act mentioned. 

(2) Any person subject to this  Act who disobeys any lawful command given by his superior officer 

shall, on conviction by court- martial, 

if he commits such offence  when on active service, be liable to suffer imprisonment for a term 

which may extend to fourteen years or such less punishment as is in this Act mentioned; and 

if he commits such offence when not on active service, be liable to suffer imprisonment for a term 

which may extend to five years or such less punishment as is in this Act mentioned. 

42.  Insubordination  and  obstruction.—Any  person  subject  to  this  Act  who  commits  any  of  the 

following offences, that is to say,— 

(a)  being  concerned  in  any  quarrel,  affray,  or  disorder,  refuses  to  obey  any  officer,  though  of 

inferior rank, who orders him into arrest, or uses criminal force to or assaults any such officer; or 

(b)  uses  criminal  force  to,  or  assaults  any  person,  whether  subject  to  this  Act  or  not,  in  whose 

custody he is lawfully placed, and whether he is or is not his superior officer; or 

(c) resists an escort whose duty it is to apprehend him or to have him in charge; or 

(d) breaks out of barracks, camp or quarters; or 

(e) neglects to obey any general, local or other order; or 

(f) impedes the provost-marshal or any person lawfully acting on his behalf, or when called upon, 
refuses to assist in the execution of his duty a provost-marshal or any person lawfully acting on his 
behalf; or 

(g) uses criminal force to or assaults any person bringing provisions or supplies to the forces;  

shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend, in the 
case of the offences specified in clauses (d) and (e) to two years, and in the case of the offences specified 
in the other clauses to ten years, or such less punishment as is in this Act mentioned. 

43.  Fraudulent  enrolment.—  Any  person  subject  to  this  Act  who  commits  any  of  the  following 

offences, that is to say,— 

(a)  without  having  obtained  a  regular  discharge  from  the  corps  or  department  to  which  he 
belongs,  or  otherwise  fulfilled  the  conditions  enabling  him  to  enrol  or  enter,  enrols  himself  in,  or 
enters the same or any other corps or department or any part of the naval or air forces of India or the 
Territorial Army; or 

(b) is concerned in the enrolment in any part of the Forces of any person when he knows or has 
reason to believe such person to be so circumstanced that by enrolling he commits an offence against 
this Act; 

18 

 
shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to five 
years or such less punishment as is in this Act mentioned. 

44. False answers on enrolment.— Any person having become subject to this Act who is discovered 
to have made at the time of enrolment a wilfully false answer to any question set forth in the prescribed 
form  of  enrolment  which has  been  put to  him  by  the  enrolling  officer  before  whom  he  appears  for the 
purpose  of  being  enrolled  shall,  on  conviction  by  court-martial,  be  liable  to  suffer  imprisonment  for  a 
term which may extend to five years or such less punishment as is in this Act mentioned. 

45.  Unbecoming  conduct.—Any  officer,  junior  commissioned  officer  or  warrant  officer  who 
behaves in a manner unbecoming his position and the character expected of him shall, on conviction by 
court-martial, if he is an officer, be liable to be cashiered or to suffer such less punishment as is in this 
Act mentioned; and, if he is a junior commissioned officer or a warrant officer, be liable to be dismissed 
or to suffer such less punishment as is in this Act mentioned. 

46. Certain forms of disgraceful conduct.—Any person subject to this Act who commits any of the 

following offences, that is to say,— 

(a) is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind; or 

(b)  malingers,  or feigns,  or  produces  disease  or infirmity  in  himself,  or  intentionally  delays  his 

cure or aggravates his disease or infirmity; or 

(c) with intent to render himself or any other person unfit for service, voluntarily causes hurt to 

himself or that person; 

shall,  on  conviction  by  court-martial,  be  liable  to  suffer  imprisonment  for  a  term  which  may  extend  to 
seven years or such less punishment as is in this Act mentioned. 

47.  Ill-treating  a  subordinate.—Any  officer,  junior  commissioned  officer,  warrant  officer  or  non-
commissioned  officer  who  uses  criminal  force  to  or  otherwise  illtreats  any  person  subject  to  this  Act, 
being  his  subordinate  in  rank  or  position,  shall,  on  conviction  by  court-martial,  be  liable  to  suffer 
imprisonment  for  a  term  which  may  extend  to  seven  years  or  such  less  punishment  as  is  in  this  Act 
mentioned. 

48. Intoxication.—(1) Any person subject to this Act who is found in a state of intoxication, whether 
on  duty  or  not,  shall,  on  conviction  by  court-martial,  if  he is  an  officer,  be liable  to  be  cashiered  or to 
suffer such less punishment as is in this Act mentioned ; and, if he is not an officer, be liable, subject to 
the  provisions  of  sub-section  (2),  to  suffer  imprisonment  for  a  term  which  may  extend  to  two  years  or 
such less punishment as is in this Act mentioned. 

(2) Where an offence of being intoxicated is committed by a person other than an officer when not on 

active service or not on duty, the period of imprisonment awarded shall not exceed six months. 

49. Permitting escape of person in custody.— Any person subject to this Act who commits any of 

the following offences, that is to say,— 

(a)  when  in  command  of  a  guard,  picquet,  patrol  or  post,  releases  without  proper  authority, 
whether  wilfully  or  without  reasonable  excuse,  any  person  committed  to  his  charge,  or  refuses  to 
receive any prisoner or person so committed; or 

(b) wilfully or without reasonable excuse allows to escape any person who is committed to his 

charge, or whom it is his duty to keep or guard; 

shall, on conviction by court-martial, be liable, if he has acted wilfully to suffer imprisonment for a term 
which may extend to fourteen years or such less punishment as is in this Act mentioned; and if he has not 
acted wilfully, to suffer imprisonment for a term which may extend to two years or such less punishment 
as is in this Act mentioned. 

50. Irregularity in connection with arrest or confinement.—Any person subject to this Act who 

commits any of the following offences, that is to say,— 

(a) unnecessarily detains a person in arrest or confinement without bringing him to trial, or fails 

to bring his case before the proper authority for investigation; or 

19 

 
(b) having committed a person to military custody fails without reasonable cause to deliver at the 
time of such committal, or as soon as practicable, and in any case within forty-eight hours. thereafter, 
to  the  officer  or  other  person  into  whose  custody  the  person  arrested  is  committed,  an  account  in 
writing signed by himself of the offence with which the person so committed is charged; 

shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to two 
years or such less punishment as is in this Act mentioned. 

51. Escape from custody.— Any person subject to this Act who, being in lawful custody, escapes or 
attempts  to  escape,  shall,  on  conviction  by  court-martial,  be  liable  to  suffer  imprisonment  for  a  term 
which may extend to five years or such less punishment as is in this Act mentioned. 

52.  Offences  in  respect  of  property.—Any  person  subject  to  this  Act  who  commits  any  of  the 

following offences, that is to say,— 

(a) commits theft of any property belonging to the Government, or to any military, naval or air 

force mess, band or institution, or to any person subject to military, naval or air force law; or 

(b) dishonestly misappropriates or converts to his own use any such property; or 

(c) commits criminal breach of trust in respect of any such property; or 

(d) dishonestly receives or retains any such property in respect of which any of the offences under 
clauses (a), (b) and (c) has been committed, knowing or having reason to believe the commission of 
such offence; or 

(e) wilfully destroys or injures any property of the Government entrusted to him; or 

(f)  does  any  other  thing  with  intent  to  defraud,  or  to  cause  wrongful  gain  to  one  person  or 

wrongful loss to another person; 

shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to ten 
years or such less punishment as is in this Act mentioned. 

53. Extortion and corruption.—Any person subject to this Act who commits any of the following 

offences, that is to say,— 

(a) commits extortion; or 

(b) without proper authority exacts from any person money, provisions or service; 

shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to ten 
years or such less punishment as is in this Act mentioned. 

54.  Making  away  with  equipment.—Any  person  subject  to  this  Act  who  commits  any  of  the 

following offences, that is to say,— 

(a) makes away with, or is concerned in making away with, any arms, ammunition, equipment, 
instruments. tools, clothing or any other thing being the property of the Government issued to him for 
his use or entrusted to him; or 

(b) loses by neglect anything mentioned in clause (a); or 

(c) sells, pawns, destroys or defaces any medal or decoration granted to him;  

shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend in the 
case of the offences specified in clause (a) to ten years, and in the case of the offences specified in the 
other clauses to five years, or such less punishment as is in this Act mentioned. 

55. Injury to property.—Any person subject to this Act who commits any of the following offences, 

that is to say,— 

(a)  destroys  or  injures  any  property  mentioned  in  clause  (a)  of  section  54  or  any  property 
belonging  to  any  military,  naval  or  air  force  mess,  band  or  institution,  or  to  any  person  subject  to 
military, naval or air force law, or serving with, or attached to, the regular Army; or 

20 

 
(b) commits any act which causes damage to, or destruction of, any property of the Government 

by fire; or 

(c) kills, injures, makes away with, ill-treats or loses any, animal entrusted to him; 

shall, on conviction by court-martial, be liable, if he has acted wilfully, to suffer imprisonment for a term 
which may extend to fourteen years or such less punishment as is in this Act mentioned; and if he has 
acted without reasonable excuse, to suffer imprisonment for a term which may extend to seven years or 
such less punishment as is in this Act mentioned. 

56. False accusations.—Any person subject to this Act who commits any of the following offences, 

that is to say,— 

(a) makes a false accusation against any person subject to this Act, knowing or having reason to 

believe such accusation to be false; or 

(b)  in  making  a  complaint  under  section  26  or  section  27  makes  any  statement  affecting  the 
character of any person subject to this Act, knowing or having reason to believe such statement to be 
false or knowingly and wilfully suppresses any material facts; 

shall, on conviction by court-martial be liable to suffer imprisonment for a term which may extend to five 
years or such less punishment as is in this Act mentioned. 

57.  Falsifying  official  documents  and  false  declaration.—Any  person  subject  to  this  Act  who 

commits any of the following offences, that is to say,— 

(a) in any report, return, list, certificate, book or other document made or signed by him, or of the 
contents of which it is his duty to ascertain the accuracy, knowingly makes, or is privy to the making 
of any false or fraudulent statement; or 

(b) in any document of the description mentioned in clause (a) knowingly makes, or is privy to 

the making of, any omission, with intent to defraud ; or 

(c)  knowingly  and  with  intent  to  injure  any  person,  or  knowingly  and  with  intent  to  defraud, 
suppresses,  defaces,  alters  or  makes  away  with  any  document  which  it  is  his  duty  to  preserve  or 
produce ; or 

(d) where it is his official duty to make a declaration respecting any matter, knowingly makes a 

false declaration; or 

(e)  obtains  for  himself,  or  for  any  other  person,  any  pension,  allowance  or  other  advantage  or 
privilege by a statement which is false, and which he either knows or believes to be false or does not 
believe  to  be  true,  or  by  making  or  using  a  false  entry  in  any  book  or  record  or  by  making  any 
document containing a false statement, or by omitting to make a true entry or document containing a 
true statement; 

shall,  on  conviction  by  court-martial,  be  liable  to  suffer  imprisonment  for  a  term  which  may  extend  to 
fourteen years or such less punishment as is in this Act mentioned. 

58. Signing in blank and failure to report.—Any person subject to this Act who commits any of the 

following offences, that is to say,— 

(a) when signing any document relating to pay, arms, ammunition, equipment, clothing, supplies 
or stores, or any, property of the Government fraudulently leaves in blank any material part for which 
his signature is a voucher; or 

(b) refuses or by culpable neglect omits to make or send a report or return which it is his duty to 

make or send; 

shall,  on  conviction  by  court-martial,  be  liable  to  suffer  imprisonment  for  a  term  which  may  extend  to 
seven years or such less punishment as is in this Act mentioned. 

21 

 
59. Offences relating to courts-martial.—Any person subject to this Act who commits any of the 

following offences, that is to say,— 

(a)  being  duly  summoned  or  ordered  to  attend  as  a  witness  before  a  court  martial,  wilfully  or 

without reasonable excuse, makes default in attending; or 

(b) refuses to take an oath or make an affirmation legally required by a court-martial to be taken 

or made; or 

(c) refuses to produce or deliver any document in his power or control legally required by a court-

martial to be produced or delivered by him; or 

(d) refuses when a witness to answer any question which he is by law bound to answer ; or 

(e) is guilty of contempt of court-martial by using insulting or threatening language, or by causing 

any interruption or disturbance in the proceedings of such court; 

shall,  on  conviction  by  court-martial,  be  liable  to  suffer  imprisonment  for  a  term  which  may  extend  to 
three years or such less punishment as is in this Act mentioned. 

60. False evidence.—Any person subject to this Act who, having been duly sworn or affirmed before 
any court-martial or other court competent under this Act to administer an oath or affirmation, makes any 
statement which is false, and which he either knows or believes to be false or does not believe to be true, 
shall,  on  conviction  by  court-martial,  be  liable  to  suffer  imprisonment  for  a  term  which  may  extend  to 
seven years or such less punishment as is in this Act mentioned. 

61. Unlawful detention of pay.—Any officer, junior commissioned officer, warrant officer or non-
commissioned officer who, having received the pay of a person subject to this Act unlawfully detains or 
refuses to pay the same when due, shall, on conviction by court- martial, be liable to suffer imprisonment 
for a term which may extend to ten years or such less punishment as is in this Act mentioned. 

62. Offences in relation to aircraft and flying.—Any person subject to this Act who commits any of 

the following offences, that is to say,— 

(a)  wilfully  or  without  reasonable  excuse  damages,  destroys  or  loses  any  aircraft  or  aircraft 

material belonging to the Government: or 

(b) is guilty of any act or neglect likely to cause such damage, destruction or loss ; or 

(c)  without  lawful  authority  disposes  of  any  aircraft  or  aircraft  material  belonging  to  the 

Government; or 

(d)  is  guilty  of  any  act  or  neglect  in  flying,  or  in  the  use  of  any  aircraft,  or  in  relation  to  any 
aircraft  or  aircraft  material,  which  causes  or  is  likely  to  cause  loss  of  life  or  bodily  injury  to  any 
person ; or 

(e)  during  a  state  of  war,  wilfully  and  without  proper  occasion,  or  negligently,  causes  the 
sequestration, by or under the authority of a neutral State, or the destruction in a neutral State of any 
aircraft, belonging to the Government; 

shall, on conviction by court-martial, be liable, if he has acted wilfully, to suffer imprisonment for a term 
which may extend to fourteen years or such less punishment as is in this Act mentioned, and, in any other 
case, to suffer imprisonment for a term which may extend to five years or such less punishment as is in 
this Act mentioned. 

63. Violation of good order and discipline.—Any person subject to this Act who is guilty of any act 
or omission which, though not specified in this Act, is prejudicial to good order and military discipline 
shall,  on  conviction  by  court-martial,  be  liable  to  suffer  imprisonment  for  a  term  which  may  extend  to 
seven years or such less punishment as is in this Act mentioned. 

64.  Miscellaneous  offences.—Any  person  subject  to  this  Act  who  commits  any  of  the  following 

offences, that is to say,— 

(a) being in command at any post or on the march, and receiving a complaint that any one under 
his command has beaten or otherwise maltreated or oppressed any person, or has disturbed any fair or 

22 

 
market, or committed any riot or trespass, fails to have due reparation made to the injured person or to 
report the case to the proper authority; or 

(b) by defiling any place of worship, or otherwise, intentionally insults the religion or wounds the 

religious feelings of any person; or 

(c) attempts to commit suicide, and in such attempt does any act towards the commission of such 

offence; or 

(d) being below the rank of warrant officer, when off duty, appears without proper authority, in or 
about camp or cantonments, or in or about, or when going to or returning from, any town or bazar, 
carrying a rifle, sword or other offensive weapon; or 

(e) directly or indirectly accepts or obtains, or agrees to accept or attempts to obtain, for himself 
or for any other person, any gratification as a motive or reward for procuring the enrolment  ‘of any 
person,  or leave  of  absence,  promotion or  any  other advantage  or indulgence  for  any  person  in  the 
service; or 

(f)  commits  any  offence  against  the  property  or  person  of  any  inhabitant  of,  or  resident  in,  the 

country in which he is serving; 

shall,  on  conviction  by  court-martial,  be  liable  to  suffer  imprisonment  for  a  term  which  may  extend  to 
seven years or such less punishment as is in this Act mentioned.  

65. Attempt.—Any person subject to this Act who attempts to commit any of the offences specified 
in sections 34 to 64 inclusive and in such attempt does any act towards the commission of the offence, 
shall, on conviction by court-martial, where no express provision is made by this Act for the punishment 
of such attempt, be liable, 

if the offence attempted to be committed is punishable with death, to suffer imprisonment for a term 

which may extend to fourteen years or such less punishment as is in this Act mentioned; and 

if the offence attempted to be committed is punishable with imprisonment, to suffer imprisonment for 
a term which may extend to one-half of the longest term provided for that offence or such less punishment 
as is in this Act mentioned. 

66. Abetment of offences that have been committed.—Any person subject to this Act who abets the 
commission of any of the offences specified in sections 34 to 64 inclusive shall, on conviction by court-
martial, if the Act abetted is committed in consequence of the abetment and no express provision is made 
by  this  Act  for  the  punishment  of  such  abetment,  be  liable  to  suffer  the  punishment  provided  for  that 
offence or such less punishment as is in this Act mentioned. 

67. Abetment of offences punishable with death and not committed.—Any person subject to this 
Act  who  abets the  commission of any  of  the  offences  punishable  with  death under  sections  34,  37  and 
sub-section (1) of section 38 shall, on conviction by court-  martial, if that offence be not committed in 
consequence of the abetment, and no express provision is made by this Act for the punishment of such 
abetment,  be liable  to  suffer  imprisonment  for a  term  which  may  extend to  fourteen  years  or  such  less 
punishment as is in this Act mentioned. 

68.  Abetment  of  offences  punishable  with  imprisonment  and  not  committed.—Any  person 
subject  to  this  Act  who  abets  the  commission  of  any  of  the  offences  specified  in  sections  34  to  64 
inclusive and punishable with imprisonment shall, on conviction by court-martial, if that offence be not 
committed  in  consequence  of  the  abetment,  and  no  express  provision  is  made  by  this  Act  for  the 
punishment of such abetment, be liable to suffer imprisonment for a term which may extend to one-half of 
the longest term provided for that offence or such less punishment as is in this Act mentioned. 

69. Civil offences.—Subject to the provisions of section 70, any person subject to this Act who at any 
place in or beyond India commits any civil offence shall be deemed to be guilty of an offence against this 
Act  and,  if  charged  therewith  under  this  section,  shall  be  liable  to  be  tried  by  a  court-martial  and,  on 
conviction, be punishable as follows, that is to say,— 

(a) if the offence is one which would be punishable under any law in force in India with death or 
with transportation, he shall be liable to suffer any punishment, other than whipping, assigned for the 
offence, by the aforesaid law and such less punishment as is in this Act mentioned; and 

23 

 
(b) in any other case, he shall be liable to suffer any punishment, other than whipping, assigned 
for the offence by the law in force in India, or imprisonment for a term which may extend to seven 
years, or such less punishment as is in this Act mentioned. 

70.  Civil  offence  not  triable  by  court-martial.—A  person  subject  to  this  Act  who  commits  an 
offence of murder against a person not subject to military, naval or air force law, or of culpable homicide 
not amounting to murder against such a person or of rape in relation to such a person, shall not be deemed 
to be guilty of an offence against this Act and shall not be tried by a court-martial, unless he commits any 
of the said offences— 

(a) while on active service, or 

(b) at any place outside India, or 

(c) at a frontier post specified by the Central Government by notification in this behalf.  

1* 

* 

* 

* 

* 

CHAPTER VII 

PUNISHMENTS 

71.  Punishments  awardable  by  courts-martial.—Punishments  may  be  inflicted  in  respect  of 
offences committed by persons subject to this Act and convicted by courts-martial, according to the scale 
following, that is to say,— 

(a) death; 

(b) transportation for life or for any period not less than seven years; 

(c) imprisonment, either rigorous or simple, for any period not exceeding fourteen years; 

(d) cashiering, in the case of officers; 

(e) dismissal from the service; 

(f) reduction to the ranks or to a lower rank or grade or place in the list of their rank, in the case of 
warrant  officers;  and  reduction  to  the  ranks  or  to  a  lower  rank  or  grade,  in  the  case  of  non-
commissioned officers: 

Provided that a warrant officer reduced to the ranks shall not be required to serve in the ranks as a 

sepoy; 

(g) forfeiture of seniority of rank, in the case of officers, junior commissioned officers, warrant 
officers  and  non-commissioned  officers;  and  forfeiture  of  all  or  any  part  of  their  service  for  the 
purpose of promotion, in the case of any of them whose promotion depends upon length of service; 

(h) forfeiture of service for the purpose of increased pay, pension or any other prescribed purpose; 

(i) severe reprimand or reprimand, in the case of officers, junior commissioned officers, warrant 

officers and non-commissioned officers; 

(j)  forfeiture  of  pay  and  allowances  for  a  period  not  exceeding  three  months  for  an  offence 

committed on active service; 

(k) forfeiture in the case of a person sentenced to cashiering or dismissal from the service of all 
arrears of pay and allowances and other public money due to him at the time of such cashiering or 
dismissal;  

(l) stoppage of pay and allowances until any proved loss or damage occasioned by the offence of 

which he is convicted is made good. 

1.  The Explanation omitted by Act 13 of 1975, s. 3 (w.e.f. 25-1-1975). 

24 

 
 
 
 
 
 
 
 
                                                           
72. Alternative punishments awardable by court-martial.—Subject to the provisions of this Act, a 
court-martial  may,  on  convicting  a  person  subject  to  this  Act  of  any  of  the  offences  specified  in          
sections 34 to 68 inclusive, award either the particular punishment with which the offence is stated in the 
said sections to be punishable, or, in lieu thereof, any one of the punishments lower in the scale set out in 
section 71, regard being had to the nature and degree of the offence. 

73.  Combination  of  punishments.—A  sentence  of  a  court-martial  may  award  in  addition  to,  or 
without any one other punishment, the punishment specified in clause (d) or clause (e) of section 71 and 
any one or more of the punishments specified in clauses (f) to (l) of that section. 

74. Cashiering of officers.—An officer shall be sentenced to be cashiered before he is awarded any 

of the punishments specified in clauses (a) to (c) of section 71.  

75.  [Field  punishment.]  Omitted  by  the  Army  (Amendment)  Act,  1992  (37  of  1992),  s.  2                         

(w.e.f. 6-9-1992). 

76. [Position of Field punishment in scale of punishments.] Omitted by the Army (Amendment) Act, 

1992 (37 of 1992), s. 2 (w.e.f. 6-9-1992). 

77.  Result  of  certain  punishments  in  the  case  of  a  warrant  officer  or  non-commissioned 
officer.—A warrant officer or a non- commissioned officer sentenced by a court-martial to transportation, 
imprisonment, 1* * * or dismissal from the service, shall be deemed to be reduced to ranks. 

78. Retention in the ranks of a person convicted on active service.—When, on active service, any 
enrolled person has been sentenced by a court-martial to dismissal, or to transportation or imprisonment 
whether  combined  with  dismissal  or  not,  the  prescribed  officer  may  direct  that  such  person  may  be 
retained to serve in the ranks, and such service shall be reckoned as part of his term of transportation or 
imprisonment, if any. 

79. Punishments otherwise than by court-martial.—Punishments may also be inflicted in respect 
of offences committed by persons subject to this Act without the intervention of a court-martial and in the 
manner stated in sections 80, 83, 84 and 85. 

80.  Punishment  of  persons  other  than  officers,  junior  commissioned  officers  and  warrant 
officers.—Subject to the provisions of section 81, a commanding officer or such other officer as is, with 
the consent of the Central Government, specified by 2[the Chief of the Army Staff], may, in the prescribed 
manner, proceed against a person subject to this Act other wise than as an officer, junior commissioned 
officer or warrant officer who is charged with an offence under this Act and award such person, to the 
extent prescribed, one or more of the following punishments, that is to say,— 

(a) imprisonment in military custody up to twenty-eight days; 

(b) detention up to twenty-eight days; 

(c) confinement to the lines up to twenty-eight days; 

(d) extra guards or duties; 

(e) deprivation of a position of the nature of an appointment or of corps or working pay, and in 
the case of non-commissioned officers, also deprivation of acting rank or reduction to a lower grade 
of pay; 

(f) forfeiture of good service and good conduct pay; 

(g) severe reprimand or reprimand; 

(h) fine up to fourteen days’ pay in any one month; 

(i) penal deductions under clause (g) of section 91; 

3* 

* 

* 

* 

* 

1. The words “field punishment” omitted by Act 37 of 1992, s. 3.  
2. Subs. by Act 19 of 1955. s. 2 and Sch., for “ the Commander-in-Chief”. 
3. Omitted by Act 37 of 1992, s. 4. 

25 

 
 
 
 
 
 
 
 
 
                                                           
81. Limit of punishments under section 80.—1*            *                    *                   *                 *. 
 (2) In the case of an award of two or more of the punishments specified in clauses (a), (b), (c) and (d) 
of the said section, the punishment specified in clause (c) or clause (d) shall take effect only at the end of 
the punishment specified in clause (a) or clause (b). 

(3) When two or more of the punishments specified in the said clauses (a), (b) and (c) are awarded to 
a person conjointly, or when already undergoing one or more of the said punishments, the whole extent of 
the punishments shall not exceed in the aggregate forty-two days. 

(4) The punishments specified in clauses 2[(a), (b) and (c)] of section 80 shall not be awarded to any 
person who is of the rank of non-commissioned officer or was, at the time of committing the offence for 
which he is punished, of such rank. 

(5)  The  punishment  specified  in  clause  (g)  of  the  said  section  shall  not  be  awarded  to  any  person 

below the rank of a non- commissioned officer. 

82. Punishments in addition to those specified in section 80.—3[The Chief of the Army Staff] may, 
with the consent of the Central Government, specify such other punishments as may be awarded under 
section 80 in addition to or without any of the punishments specified in the said section, and the extent to 
which such other punishments may be awarded. 

83.  Punishment  of  officers,  junior  commissioned  officers  and  warrant  officers  by  brigade 
commanders and others.—An officer having power not less than a brigade, or an equivalent commander 
or such other officer as is, with the consent of the Central Government, specified by  3[the Chief of the 
Army Staff] may in the prescribed manner, proceed against an officer below the rank of a field officer, a 
junior  commissioned  officer  or  a  warrant  officer,  who  is  charged  with  an  offence  under  this  Act,  and 
award one or more of the following punishments, that is to say,— 

(a) severe reprimand or reprimand; 

(b)  stoppage  of  pay  and  allowances  until  any  proved  loss  or  damage  occasioned  by  the  offence  of 

which he is convicted is made good. 

84.  Punishment  of  officers,  junior  commissioned  officers  and  warrant  officers  by  area 
commanders and others.—An officer having power not less than an area commander or an equivalent 
commander or an officer empowered to convene a general court-martial or such other officer as is, with 
the consent of the Central Government, specified by 3[the Chief of the Army Staff] may, in the prescribed 
manner, proceed against an officer below the rank of lieutenant-colonel, a junior commissioned officer or 
a warrant officer, who is charged with an offence under this Act, and award one or more of the following 
punishments, that is to say,— 

(a) forfeiture of seniority, or in the case of any of them whose promotion depends upon length of 
service, forfeiture of service for the purpose of promotion for a period not exceeding twelve months, 
but subject to the right of the accused previous to the award to elect to be tried by a court-martial; 

(b) severe reprimand or reprimand; 

(c) stoppage of pay and allowances until any proved loss or damage occasioned by the offence of 

which he is convicted is made good. 

85. Punishment of junior commissioned officers.—A commanding officer or such other officer as 
is, with the consent of the Central Government, specified by  3[the Chief of the Army Staff] may, in the 
prescribed manner, proceed against a junior commissioned officer who is charged with an offence under 
this Act 4[and award one or more of the following punishments, that is to say,— 

(i) severe reprimand or reprimand; 

1. Omitted by Act 37 of 1992, s. 5.  
2. Subs. by s. 5, ibid., for “(a), (b), (c) and (j)”.  
3.  Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in-Chief” 
4. Subs. by Act 37 of 1992, s. 6, for certain words.  

26 

 
                                                           
(ii) stoppage of pay and allowances until any proved loss or damage occasioned by the offence of 

which he is convicted is made good: 

Provided  that  the  punishment  specified  in  clause  (i)  shall  not  be  awarded  if  the  commanding 

officer or such other officer is below the rank of Colonel]. 

86. Transmission of proceedings.—In every case in which punishment has been awarded under any 
of the sections 83, 84 and 85, certified true copies of the proceedings shall be forwarded, in the prescribed 
manner, by the officer awarding the punishment, to a superior military authority as defined in section 88. 

87.  Review  of  proceedings.—If  any  punishment  awarded  under  any  of  the  sections  83,  84  and  85 
appears to  a superior  military  authority  as  defined  in  section 88  to  be illegal,  unjust  or excessive,  such 
authority may cancel, vary or remit the punishment and make such other direction as may be appropriate 
in the circumstances of the case. 

88.  Superior  military  authority.—For  the  purpose  of  sections  86  and  87,  a  “superior  military 

authority “ means— 

(a)  in  the  case  of  punishments  awarded  by  a  commanding  officer,  any  officer  superior  in 

command to such commanding officer; 

(b)  in  the  case  of  punishments  awarded  by  any  other  authority,  the  Central  Government,  1[the 

Chief of the Army Staff] or other officer specified by 1[the Chief of the Army Staff].  

89. Collective fines.—(1) Whenever any weapon or part of a weapon forming part of the equipment 
of a half squadron, battery, company or other similar unit is lost or stolen, the officer commanding the 
army,  army  corps,  division  or  independent  brigade to  which  such  unit  belongs may,  after obtaining  the 
report  of  a  court  of  inquiry,  impose  a  collective  fine  upon  the  junior  commissioned  officers,  warrant 
officers, non-commissioned officers and men of such unit, or upon so many of them as, in his judgment, 
should be held responsible for such loss or theft. 

(2) Such fine shall be assessed as a percentage on the pay of the individuals on whom it falls. 

CHAPTER VIII 

PENAL DEDUCTIONS 

90.  Deductions  from  pay  and  allowances  of  officers.—The  following  penal  deductions  may  be 

made from the pay and allowances of an officer, that is to say,— 

(a) all pay and allowances due to an officer for every day he absents himself without leave, unless 
a  satisfactory  explanation has been  given  to  his commanding  officer  and  has  been approved  by  the 
Central Government; 

(b) all pay and allowances for every day while he is in custody or under suspension from duty on 
a charge for an offence for which he is afterwards convicted by a criminal court or a court-martial or 
by an officer exercising authority under section 83 or section 84; 

(c)  any  sum  required  to  make  good  the  pay  of  any  person  subject  to  this  Act  which  he  has 

unlawfully retained or unlawfully refused to pay; 

(d)  any  sum  required  to  make  good  such  compensation  for  any  expenses,  loss,  damage  or 
destruction occasioned by the commission of an offence as may be determined by the court- martial 
by whom he is convicted of such offence, or by an officer exercising authority under section 83 or 
section 84; 

(e) all pay and allowances ordered by a court-martial 2* * * to be forfeited or stopped; 

1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for the “Commander-in-Chief”.  
2. The words and figures “or an officer exercising authority under section 85” omitted by Act 37 of 1992, s. 7. 

27 

 
                                                           
(f)  any  sum  required  to  pay  a  fine  awarded  by  a  criminal  court  or  a  court-martial  exercising 

jurisdiction under section 69; 

(g)  any  sum  required  to  make  good  any  loss,  damage,  or  destruction  of  public  or  regimental 
property which, after due investigation, appears to the Central Government to have been occasioned 
by the wrongful act or negligence on the part of the officer; 

(h) all pay and allowances forfeited by order of the Central Government if the officer is found by 
a court of inquiry constituted by 1[the Chief of the Army Staff ] in this behalf, to have deserted to the 
enemy, or while in enemy hands, to have served with, or under the orders of, the enemy, or in any 
manner  to  have  aided  the  enemy,  or  to  have  allowed  himself  to  be  taken  prisoner  by  the  enemy, 
through want of due precaution or through disobedience of orders or wilful neglect of duty, or having 
been taken prisoner by the enemy, to have failed to rejoin his service when it was possible to do so; 

(i) any sum required by order of the Central Government 2[or any prescribed officers] to be paid 
for the maintenance of his wife or his legitimate or illegitimate child or towards the cost of any relief 
given by the said Government to the said wife or child. 

91.  Deductions  from  pay  and  allowances  of  persons  other  than  officers.—Subject  to  the 
provisions of section 94 the following penal deductions may be made from the pay and allowances of a 
person subject to this Act other than an officer, that is to say,— 

(a) all pay and allowances for every day of absence either on desertion or without leave, or as a 
prisoner of war, and for every day of transportation or imprisonment awarded by a criminal court, a 
court-martial or an officer exercising authority under section 80, 3***;  

(b)  all  pay  and  allowances  for  every  day  while  he  is  in  custody  on  a  charge  for  an  offence  of 
which  he  is  afterwards  convicted  by  a  criminal  court  or  a  court-martial,  or  on  a  charge  of  absence 
without  leave  for  which  he  is  afterwards  awarded  imprisonment  4***  by  an  officer  exercising 
authority under section 80; 

(c)  all  pay  and  allowances  for  every  day  on  which  he  is  in  hospital  on  account  of  sickness 
certified by the medical officer attending on him to have been  caused by an offence under this Act 
committed by him; 

(d) for every day on which he is in hospital on account of sickness certified by the medical officer 
attending  on  him  to  have been caused  by  his  own  misconduct  or  imprudence,  such  sum  as  may  be 
specified  by  order  of  the  Central  Government  or  such  officer  as  may  be  specified  by  that 
Government; 

(e) all pay and allowances ordered by a court-martial or by an officer exercising authority under 

any of the sections 80, 83, 84 and 85, to be forfeited or stopped; 

(f)  all  pay  and  allowances  for  every  day  between  his  being  recovered  from  the  enemy  and  his 
dismissal from the service in consequence of his conduct when being taken prisoner by, or while in 
the hands of, the enemy; 

(g)  any  sum  required  to  make  good  such  compensation  for  any  expenses,  loss,  damage  or 
destruction  caused  by  him  to  the  Central  Government  or  to  any  building  or  property  as  may  be 
awarded by his commanding officer; 

(h)  any  sum  required  to,  pay  a  fine  awarded  by  a  criminal  court,  a  court-martial  exercising 

jurisdiction under section 69, or an officer exercising authority under any of the sections 80 and 89;  

1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander- in-Chief”. 
2. Ins. by Act 37 of 1992, s. 7. 
3. Certain words omitted by s. 8, ibid.  
4. The words “the field punishment” omitted by s. 8, ibid.  

28 

 
                                                           
(i) any sum required by order of the Central Government or any prescribed officer to be paid for 
the  maintenance  of  his  wife  or  his  legitimate  or  illegitimate  child  or  towards  the  cost  of  any  relief 
given by the said Government to the said wife or child. 

92.  Computation  of  time  of  absence  or  custody.—For  the  purposes  of  clauses  (a)  and  (b)  of            

section 91,— 

(a) no person shall be treated as absent or in custody for a day unless the absence or custody has 
lasted, whether wholly in one day, or partly in one day and partly in another, for six consecutive hours 
or upwards; 

(b) any absence or custody for less than a day may be reckoned as absence or custody for a day if 
such absence or custody prevented the absentee from fulfilling any military duty which was thereby 
thrown upon some other person; 

(c) absence or custody for twelve consecutive hours or upwards may be reckoned as absence or 

custody for the whole of each day during any portion of which the person was absent or in custody;  

(d) a period of absence, or imprisonment, which commences before, and ends after, midnight may 

be reckoned as a day. 

93.  Pay  and  allowances  during  trial.—In  the  case  of  any  person  subject  to  this  Act  who  is  in 
custody or under suspension from duty on a charge for an offence, the prescribed officer may direct that 
the whole or any part of the pay and allowances of such person shall be withheld, pending the result of his 
trial on the charge against him, in order to give effect to the provisions of clause (b) of sections 90 and 91. 

94.  Limit  of  certain  deductions.—The  total  deductions  from  the  pay  and  allowances  of  a  person 
made under clauses (e), (g) to (i) of section 91 shall not, except where he is sentenced to dismissal, exceed 
in any one month one-half of his pay and allowances for that month. 

95.  Deduction  from  public  money  due  to  a  person.—Any  sum  authorised  by  this  Act  to  be 
deducted  from  the  pay  and  allowances  of  any  person  may,  without  prejudice  to  any  other  mode  of 
recovering the same, be deducted from any public money due to him other than a pension. 

96. Pay and allowances of prisoner of war during inquiry into his conduct.—Where the conduct 
of any person subject to this Act when being taken prisoner by, or while in the hands of, the enemy, is to 
be inquired into under this Act or any other law, 1[the Chief of the Army Staff] or any officer authorised 
by him may order that the whole or any part of the pay and allowances of such person shall be withheld 
pending the result of such inquiry. 

97. Remission of deductions.—Any deduction from pay and allowances authorised by this Act may 
be  remitted  in  such  manner  and  to  such  extent,  and  by  such  authority,  as  may  from  time  to  time  be 
prescribed. 

98.  Provision  for  dependants  of  prisoner  of  war  from  remitted  deductions.—In  the  case  of  all 
persons subject to this Act, being prisoners of war, whose pay and allowances have been forfeited under 
clause (h) of section 90 or clause (a) of section 91, but in respect of whom a remission has been made 
under section 97, it shall be lawful for proper provision to be made by the prescribed authorities out of 
such pay and allowances for any dependants of such persons, and any such remission shall in that case be 
deemed to apply only to the balance thereafter remaining of such pay and allowances. 

99. Provision for dependants of prisoner of war from his pay and allowances.—It shall be lawful 
for proper provision to be made by the prescribed authorities for any dependants of any person subject to 
this Act who is a prisoner of war or is missing, out of his pay and allowances. 

100.  Period  during  which  a  person  is  deemed  to  be  a  prisoner  of  war.—For  the  purposes  of 
sections 98 and 99, a person shall be deemed to continue to be a prisoner of war until the conclusion of 

1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in-Chief”. 

29 

 
                                                           
any inquiry into his conduct such as is referred to in section 96, and if he is cashiered or dismissed from 
the service in consequence of such conduct, until the date of such cashiering or dismissal.  

CHAPTER IX 

ARREST AND PROCEEDINGS BEFORE TRIAL 

101. Custody of offenders.—(1) Any person subject to this Act who is charged with an offence may 

be taken into military custody. 

(2) Any such person may be ordered into military custody by any superior officer. 

(3)  An  officer  may  order  into  military  custody  any  officer,  though  he  may  be  of  a  higher  rank, 

engaged in a quarrel, affray or disorder. 

102.  Duty  of  commanding  officer  in  regard  to  detention.—(1)  It  shall  be  the  duty  of  every 
commanding officer to take care that a person under his command when charged with an offence is not 
detained  in  custody  for  more  than  forty-eight  hours  after  the  committal  of  such  person  into  custody  is 
reported to him, without the charge being investigated, unless investigation within that period seems to 
him to be impracticable having regard to the public service. 

(2) The case of every person being detained in custody beyond a period of forty-eight hours, and the 
reason  thereof,  shall  be  reported  by  the  commanding  officer  to  the  general  or  other  officer  to  whom 
application  would  be  made  to  convene  a  general  or  district  court-  martial  for  the  trial  of  the  person 
charged. 

(3) In reckoning the period of forty-eight hours specified in sub-section (1), Sundays and other public 

holidays shall be excluded. 

(4) Subject to the provisions of this Act, the Central Government may make rules providing for the 
manner in which and the period for which any person subject to this Act may be taken into and detained 
in military custody, pending the trial by any competent authority for any offence committed by him. 

103. Interval between committal and court-martial.—In every case where any such person as is 
mentioned in section 101 and as is not on active service remains in such custody for a longer period than 
eight days, without a court-martial for his trial being ordered to assemble, a special report giving reasons 
for the delay shall be made by his commanding officer in the manner prescribed, and a similar report shall 
be forwarded at intervals of every eight days until a court- martial is assembled or such person is released 
from custody. 

104. Arrest by civil authorities.—Whenever any person subject to this Act, who is accused of any 
offence  under  this  Act,  is within the jurisdiction  of  any  magistrate  or  police  officer, such  magistrate or 
police officer shall aid in the apprehension and delivery to military custody of such person upon receipt of 
a written application to that effect signed by his commanding officer. 

105. Capture of deserters.—(1) Whenever any person subject to this Act deserts, the commanding 
officer of the corps, department or detachment to which he belongs, shall give written information of the 
desertion to such civil authorities as, in his opinion, may be able to afford assistance towards the capture 
of the deserter; and such authorities shall thereupon take steps for the apprehension of the said deserter in 
like manner as if he were a person for whose apprehension a warrant had been issued by a magistrate, and 
shall deliver the deserter, when apprehended, into military custody. 

(2) Any police officer may arrest without warrant any person reasonably believed to be subject to this 
Act, and to be a deserter or to be travelling without authority, and shall bring him without delay before the 
nearest magistrate, to be dealt with according to law. 

106. Inquiry into absence without leave.—(1) When any person subject to this Act has been absent 
from  his  duty  without  due  authority  for  a  period  of  thirty  days,  a  court  of  inquiry  shall,  as  soon  as 
practicable,  be  assembled,  and  such  court  shall,  on  oath  or  affirmation  administered  in  the  prescribed 
manner,  inquire  respecting  the  absence  of  the  person,  and  the  deficiency,  if  any,  in  the  property  of  the 
Government  entrusted  to  his  care,  or  in  any  arms,  ammunition,  equipment,  instruments,  clothing  or 

30 

 
necessaries ; and if satisfied of the fact of such absence without due authority or other sufficient cause, the 
court  shall  declare  such  absence  and  the  period  thereof,  and  the  said  deficiency,  if  any,  and  the 
commanding  officer  of  the  corps  or  department  to  which  the  person  belongs  shall  enter  in  the               
court-martial book of the corps or department a record of the declaration. 

(2) If the person declared absent does not afterwards surrender or is not apprehended, he shall, for the 

purposes of this Act, be deemed to be a deserter. 

107. Provost-marshals.—(1) Provost-marshals may be appointed by  1[the Chief of the Army Staff] 

or by any prescribed officer. 

(2) The duties of a provost-marshal are to take charge of persons confined for any offence, to preserve 
good order and discipline, and to prevent breaches of the same by persons serving in, or attached to, the 
regular Army. 

(3) A provost-marshal may act any time arrest and detain for trial any person subject to this Act who 
commits, or is charged with, an offence, and may also carry into effect any punishment to be inflicted in 
pursuance  of  the  sentence  awarded  by  a  court-martial,  or  by  an  officer  exercising  authority  under                
section 80 but shall not inflict any punishment on his own authority: 

Provided that no officer shall be so arrested or detained otherwise than on the order of another officer. 

(4)  For  the  purposes  of  sub-sections  (2)  and  (3),  a  provost-marshal  shall  be  deemed  to  include  a 
provost-marshal appointed under any law for the time being in force relating to the Government of the 
Navy or Air Force, and any person legally exercising authority under him or on his behalf. 

108.  Kinds  of  courts-martial.—For  the  purposes  of  this  Act  there  shall  be  four  kinds  of  courts-

CHAPTER X 

COURTS-MARTIAL 

martial, that is to say,— 

(a) general courts-martial; 

(b) district courts-martial; 

(c) summary general courts-martial; and 

(d) summary courts-martial. 

109. Power to convene a general court-martial.—A general court- martial may be convened by the 
Central  Government  or  1[the  Chief  of  the  Army  Staff  ]  or  by  any  officer  empowered  in  this  behalf  by 
warrant of 1[the Chief of the Army Staff ]. 

110. Power to convene a district court-martial.—A district court- martial may be convened by an 
officer having power to convene a general court-martial or by any officer empowered in this behalf by 
warrant of any such officer. 

111.  Contents  of  warrants  issued  under  sections  109  and  110.—A  warrant  issued  under  section 
109 or section 110 may contain such restrictions, reservations or conditions as the officer issuing it may 
think fit. 

112.  Power  to  convene  a summary  general  court-martial.—The  following  authorities  shall  have 

power to convene a summary general court-martial, namely,— 

(a) an officer empowered in this behalf by an order of the Central Government or of  1[the Chief 

of the Army Staff]; 

(b) on active service, the officer commanding the forces in the field, or any officer empowered by 

him in this behalf; 

1  Subs. by Act 19 of 1955, s. 2 and Schedule, for “the Commander-in-Chief”. 

31 

 
                                                           
(c) an officer commanding any detached portion of the regular Army on active service when, in 
his opinion, it is not practicable, with due regard to discipline and the exigencies of the service, that 
an offence should be tried by a general court-martial. 

113. Composition of general court-martial.—A general court-martial shall consist of not less than 
five officers, each of whom has held a commission for not less than three whole years and of whom not 
less than four are of a rank not below that of captain. 

114. Composition of district court-martial.—A district court-martial shall consist of not less than 

three officers, each of whom has held a commission for not less than two whole years. 

115.  Composition  of  summary  general  court-martial.—A  summary  general  court-martial  shall 

consist of not less than three officers. 

116.  Summary  court-martial.—(1)  A  summary  court-martial  may  be  held  by  the  commanding 
officer  of  any  corps,  department  or  detachment  of  the  regular  Army,  and  he  shall  alone  constitute  the 
court. 

(2) The proceedings shall be attended throughout by two other persons who shall be officers or junior 

commissioned officers or one of either, and who shall not as such, be sworn or affirmed. 

117.  Dissolution  of  courts-martial.—(1)  If  a  court-martial  after  the  commencement  of  a  trial  is 

reduced below the minimum number of officers required by this Act, it shall be dissolved. 

(2)  If,  on  account  of  the  illness  of  the  judge  advocate  or  of  the  accused  before  the  finding,  it  is 

impossible to continue the trial, a court-martial shall be dissolved. 

(3) The officer who convened a court-martial may dissolve such court-martial if it appears to him that 
military exigencies or the necessities of discipline render it impossible or inexpedient to continue the said 
court-martial. 

(4) Where a court-martial is dissolved under this section, the accused may be tried again. 

118.  Powers  of  general  and  summary  general  courts-martial.—A  general  or  summary  general 
court-martial shall have power to try any person subject to this Act for any offence punishable therein and 
to pass any sentence authorised thereby. 

119. Powers of district courts-martial.—A district court-martial shall have power to try any person 
subject to this Act other than an officer or a junior commissioned officer for any offence made punishable 
therein, and to pass any sentence authorised by this Act other than a sentence of death, transportation, or 
imprisonment for a term exceeding two years:  

Provided that a district court-martial shall not sentence a warrant officer to imprisonment. 

120.  Powers  of  summary  courts-martial.—(1)  Subject  to  the  provisions  of  sub-section  (2),  a 

summary court-martial may try any offence punishable under this Act. 

(2)  When  there  is  no  grave  reason  for  immediate  action  and  reference  can  without  detriment  to 
discipline  be  made  to  the  officer  empowered  to  convene  a  district  court-martial  or  on  active  service  a 
summary general court-martial for the trial of the alleged offender, an officer holding a summary court-
martial shall not try without such reference any offence punishable under any of the sections 34, 37 and 
69, or any offence against the officer holding the court. 

(3) A summary court-martial may try any person subject to this Act and under the command of the 

officer holding the court, except an officer, junior commissioned officer or warrant officer. 

(4) A summary court-martial may pass any sentence which may be passed under this Act, except a 

sentence  of  death  or  transportation,  or  of  imprisonment  for  a  term  exceeding  the  limit  specified  in                 
sub-section (5). 

(5)  The  limit  referred  to  in  sub-section  (4)  shall  be  one  year  if  the  officer  holding  the  summary    

court-martial is of the rank of lieutenant-colonel and upwards, and three months if such officer is below 
that rank. 

32 

 
121.  Prohibition  of  second  trial.—When  any  person  subject  to  this  Act  has  been  acquitted  or 
convicted of an offence by a court-martial or by a criminal court, or has been dealt with under any of the 
sections 80, 83, 84 and 85, he shall not be liable to be tried again for the same offence by a court- martial 
or dealt with under the said sections. 

122.  Period  of  limitation  for  trial.—(1)  Except  as  provided  by  sub-section  (2),  no  trial  by                  

court-martial of any person subject to this Act for any offence shall be commenced after the expiration of 
a period of three years 1[and such period shall commence,— 

(a) on the date of the offence; or 

(b) where the commission of the offence was not known to the person aggrieved by the offence or 
to  the  authority  competent  to  initiate  action,  the  first  day  on  which  such  offence  comes  to  the 
knowledge of such person or authority, whichever is earlier; or 

(c) where it is not known by whom the offence was committed, the first day on which the identity 
of  the  offender  is  known  to  the  person  aggrieved  by  the  offence  or  to  the  authority  competent  to 
initiate action, whichever is earlier.] 

(2) The provisions of sub-section (1) shall not apply to a trial for an offence of desertion or fraudulent 

enrolment or for any of the offences mentioned in section 37. 

(3)  In  the  computation  of  the  period  of  time  mentioned  in  sub-section  (1),  any  time  spent  by  such 
person as a prisoner of war, or in enemy territory, or in evading arrest after the commission of the offence, 
shall be excluded. 

(4)  No  trial  for  an  offence  of  desertion  other  than  desertion  on  active  service  or  of  fraudulent 
enrolment  shall  be  commenced  if  the  person  in  question,  not  being  an  officer,  has  subsequently  to  the 
commission of the offence, served continuously in an exemplary manner for not less than three years with 
any portion of the regular Army. 

123. Liability of offender who ceases to be subject to Act.—(1) Where an offence under this Act 
had been committed by any person while subject to this Act, and he has ceased to be so subject, he may 
be taken into and kept in military custody, and tried and punished for such offence as if he continued to be 
so subject.  

(2) No such person shall be tried for an offence, unless his trial commences 2[within a period of three 
years after he had ceased to be subject to this Act; and in computing such period, the time during which 
such  person  has  avoided  arrest  by  absconding  or  concealing  himself  or  where  the  institution  of  the 
proceeding  in  respect  of  the  offence  has  been  stayed  by  an  injunction  or  order,  the  period  of  the 
continuance of the injunction or order, the day on which it was issued or made, and the day on which it 
was withdrawn, shall be excluded:] 

Provided that nothing contained in this sub-section shall apply to the trial of any such person for an 
offence of desertion or fraudulent enrolment or for any of the offences mentioned in section 37 or shall 
affect the jurisdiction of a criminal court to try any offence triable by such court as well as by  a court-
martial. 

(3)  When  a  person  subject  to  this  Act  is  sentenced  by  a  court-martial  to  transportation  or 
imprisonment,  this  Act  shall  apply  to  him  during  the  term  of  his  sentence,  though  he  is  cashiered  or 
dismissed from the regular Army, or has otherwise ceased to be subject to this Act, and he may be kept, 
removed, imprisoned and punished as if he continued to be subject to this Act.  

(4) When a person subject to this Act is sentenced by a court-martial to death, this Act shall apply to 

him till the sentence is carried out. 

1. Subs. by Act 37 of 1992, s. 9, for certain words. 
2. Subs. by s. 10, ibid., for certain words.  

33 

 
                                                           
124. Place of trial.—Any person subject to this Act who commits any offence against it may be tried 

and punished for such offence in any place whatever. 

125.  Choice  between  criminal  court  and  court-martial.—When  a  criminal  court  and  a                      

court-martial  have  each  jurisdiction  in  respect  of  an  offence,  it  shall  be  in  the  discretion  of  the  officer 
commanding  the  army,  army  corps,  division  or  independent  brigade  in  which  the  accused  person  is 
serving or such other officer as may be prescribed to decide before which court the proceedings shall be 
instituted, and, if that officer decides that they should be instituted before a court-martial, to direct that the 
accused person shall be detained in military custody. 

126. Power of criminal court to require delivery of offender.—(1) When a criminal court having 
jurisdiction  is  of  opinion  that  proceedings  shall  be  instituted  before  itself  in  respect  of  any  alleged 
offence,  it  may,  by  written  notice,  require  the  officer  referred  to  in  section  125  at  his  option,  either  to 
deliver  over  the  offender  to  the  nearest  magistrate  to  be  proceeded  against  according  to  law,  or  to 
postpone proceedings pending a reference to the Central Government. 

(2) In every such case the said officer shall either deliver over the offender in compliance with the 
requisition,  or  shall  forthwith  refer  the  question  as  to  the  court  before  which  the  proceedings  are  to  be 
instituted  for  the  determination  of  the  Central  Government,  whose  order  upon  such  reference  shall  be 
final. 

127.  [Successive  trials  by  a  criminal  court  and  court-martial.]  Omitted  by  the  Army  (Amendment)  

Act, 1992 (37 of 1992), s. 11 (w.e.f. 6-9-1992) 

CHAPTER XI 

PROCEDURE OF COURTS-MARTIAL 

128.  Presiding  officer.—At  every  general,  district  or  summary  general  court-martial  the  senior 

member shall be the presiding officer. 

129.  Judge  advocate.—Every  general  court-martial  shall,  and  every  district  or  summary  general 
court-martial  may,  be  attended  by  a  judge  advocate,  who  shall  be  either  an  officer  belonging  to  the 
department of the Judge Advocate General, or if no such officer is available, an officer approved of by the 
Judge Advocate General or any of his deputies. 

130. Challenges.—(1) At all trials by general, district or summary general court-martial, as soon as 
the court is assembled, the names of the presiding officer and members shall be read over to the accused, 
who shall thereupon be asked whether he objects to being tried by any officer sitting on the court. 

(2) If the accused objects to any such officer, his objection, and also the reply thereto of the officer 
objected to, shall be heard and recorded, and the remaining officers of the court shall, in the absence of 
the challenged officer decide on the objection. 

(3)  If  the  objection  is  allowed  by  one-half  or  more  of  the  votes  of  the  officers  entitled to  vote, the 
objection shall be allowed, and the member objected to shall retire, and his vacancy may be filled in the 
prescribed manner by another officer subject to the same right of the accused to object. 

(4)  When  no  challenge  is  made,  or  when  challenge  has  been  made  and  disallowed,  or  the  place  of 
every officer successfully challenged has been filled by another officer to whom no objection is made or 
allowed, the court shall proceed with the trial. 

131. Oaths of member, judge advocate and witness.—(1) An oath or affirmation in the prescribed 
manner shall be administered to every member of every court-martial and to the judge advocate before the 
commencement of the trial. 

(2) Every person giving evidence before a court-martial shall be examined after being duly sworn or 

affirmed in the prescribed form. 

34 

 
(3) The provisions of sub-section (2) shall not apply where the witness is a child under twelve years 
of age and the court-martial is of opinion that though the witness understands the duty of  speaking the 
truth, he does not understand the nature of an oath or affirmation. 

132. Voting by members.—(1) Subject to the provisions of sub-sections (2) and (3), every decision 
of a court-martial shall be passed by an absolute majority of votes; and where there is an equality of votes 
on either the finding or the sentence, the decision shall be in favour of the accused.  

(2) No sentence of death shall be passed by a general court-martial without the concurrence of at least 

two-thirds of the members of the court. 

(3) No sentence of death shall be passed by a summary general court-martial without the concurrence 

of all the members. 

(4)  In  matters,  other  than  a  challenge  or  the  finding  or  sentence,  the  presiding  officer  shall  have  a 

casting vote. 

133. General rule as to evidence.—The Indian Evidence Act, 1872 (1 of 1872) shall, subject to the 

provisions of this Act, apply to all proceedings before a court-martial. 

134.  Judicial  notice.—A  court-martial  may  take  judicial  notice  of  any  matter  within  the  general 

military knowledge of the members. 

135. Summoning witnesses.—(1) The convening officer, the presiding officer of a court-martial, 1[or 
courts of inquiry] the judge advocate or the commanding officer of the accused person may, by summons 
under his hand, require the attendance, at a time and place to be mentioned in the summons, of any person 
either to give evidence or to produce any document or other thing. 

(2)  In  the  case  of  a  witness  amenable  to  military  authority,  the  summons  shall  be  sent  to  his 

commanding officer, and such officer shall serve it upon him accordingly. 

(3)  In  the  case  of  any  other  witness,  the  summons  shall  be  sent  to  the  magistrate  within  whose 
jurisdiction he may be or reside, and such magistrate shall give effect to the summons as if the witness 
were required in the court of such magistrate. 

(4) When a witness is required to produce any particular document or other thing in his possession or 

power, the summons shall describe it with reasonable precision. 

136. Documents exempted from production.—(1) Nothing in section 135 shall be deemed to affect 
the operation of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872) or to apply to any 
letter, postcard, telegram or other document in the custody of the postal or telegraph authorities. 

(2)  If  any  document  in  such  custody  is,  in  the  opinion  of  any  district  magistrate,  chief  presidency 
magistrate, High Court or Court of Session, wanted for the purpose of any court-martial, such magistrate 
or Court may require the postal or telegraph authorities, as the case may be, to deliver such document to 
such person as such magistrate or Court may direct. 

(3) If any such document is, in the opinion of any other magistrate or of any commissioner of police 
or district superintendent of police, wanted for any such purpose, he may require the postal or telegraph 
authorities, as the case may be, to cause search to be made for and to detain such document pending the 
orders of any such district magistrate, chief presidency magistrate or High Court or Court of Session. 

137. Commissions for examination of witnesses.—(1) Whenever, in the course of a trial by court-
martial, it appears to the Court that the examination of a witness is necessary for the ends of justice, and 
that  the  attendance  of  such  witness  cannot  be  procured  without  an  amount  of  delay,  expense  or 
inconvenience which, in the circumstances of the case, would be unreasonable, such Court may address 
the  Judge  Advocate  General  in  order  that  a  commission  to  take  the  evidence  of  such  witness  may  be 
issued. 

1. Ins. by Act 37 of 1992, s.12. 

35 

 
                                                           
(2) The Judge Advocate General may then, if he thinks necessary, issue a commission to any district 
magistrate  or  magistrate  of  the  first  class,  within  the  local  limits  of  whose  jurisdiction  such  witness 
resides, to take the evidence of such witness. 

(3) The magistrate or officer to whom the commission is issued, or, if he is the district magistrate, he 
or  such  magistrate  of  the  first  class  as  he  appoints  in  this  behalf,  shall  proceed  to  the  place  where  the 
witness is or shall summon the witness before him and shall take down his evidence in the same manner, 
and  may  for  this  purpose  exercise  the  same  powers,  as  in  trials  of  warrant-cases  under  the  1[code  of 
Criminal Procedure, 1973 (2 of 1974),] or any corresponding law in force in  2[ the State of Jammu and 
Kashmir*.] 

(4) When the witness resides in a tribal area or in any place outside India, the commission may be 
issued in the manner specified in  1[Chapter XXII of the Code of Criminal Procedure, 1973 (2 of 1974),] 
or of any corresponding law in force in 2[the State of Jammu and Kashmir*.] 

(5)  In  this  and  the  next  succeeding  section,  the  expression  “Judge  Advocate  General”  includes  a 

Deputy Judge Advocate General. 

138.  Examination  of  a  withness  on  commission.—(1)  The  prosecutors  and  the  accused  person  in 
any case in which a commission is issued under section 137 may respectively forward any interrogatories 
in  writing  which  the  Court  may  think  relevant  to  the  issue,  and  the  magistrate  or  officer  executing  the 
commission shall examine the witness upon such interrogatories. 

(2) The prosecutor and the accused person may appear before such magistrate or officer by  counsel 
or, except in the case of an accused person in custody, in person, and may examine, cross-examine and           
re-examine, as the case may be, the said witness. 

(3) After a commission issued under section 137 has been duly executed, it shall be returned, together 

with the deposition of the witness examined thereunder, to the Judge Advocate General. 

(4)  On  receipt  of  a  commission  and  deposition  returned  under  sub-section  (3),  the  Judge  Advocate 
General  shall  forward  the  same  to  the  Court  at  whose  instance  the  commission  was  issued  or,  if  such 
Court  has  been  dissolved,  to  any  other  Court  convened  for  the  trial  of  the  accused  person;  and  the 
commission, the return thereto and the deposition shall be open to inspection by the prosecutor and the 
accused  person,  and  may,  subject  to  all  just  exceptions,  be  read  in  evidence  in  the  case  by  either  the 
prosecutor or the accused, and shall form part of the proceedings of the Court. 

(5) In every case in which a commission is issued under section 137, the trial may be adjourned for a 

specified time reasonably sufficient for the execution and return of the commission. 

139.  Conviction  of  offence  not  charged.—(1)  A  person  charged  before  a  court-martial  with 

desertion may be found guilty of attempting to desert or of being absent without leave. 

(2) A person charged before a court-martial with attempting to desert may be  found guilty of being 

absent without leave. 

(3) A person charged before a court-martial with using criminal force may be found guilty of assault. 

(4) A person charged before a court-martial with using threatening language may be found guilty of 

using insubordinate language. 

(5) A person charged before a court-martial with any one of the offences specified in clauses (a), (b), 
(c) and (d) of section 52 may be found guilty of any other of these offences with which he might have 
been charged. 

1. Subs. by Act 37 of 1992, s.14, for certain words.   
2. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for “a Part B State”. 
*. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and 
the Union territory of Ladakh. 

36 

 
                                                           
(6)  A  person  charged  before  a  court-martial  with  an  offence  punishable  under  section  69  may  be 
found  guilty  of  any  other  offence  of  which  he  might  have  been  found  guilty  if  the  provisions  of  the 
1[Code of Criminal Procedure, 1973 (2 of 1974)] were applicable.  

(7) A person charged before a court-martial with any offence under this Act, may, on failure of proof 
of  an  offence  having  been  committed  in  circumstances  involving  a  more  severe  punishment,  be  found 
guilty  of  the  same  offence  as  having  been  committed  in  circumstances  involving  a  less  severe 
punishment. 

(8) A person charged before a court-martial with any offence under this Act may be found guilty of 
having  attempted  or  abetted  the  commission  of  that  offence,  although  the  attempt  or  abetment  is  not 
separately charged. 

140. Presumption as to signatures.—In any proceeding under this Act, any application, certificate, 
warrant, reply or other document purporting to be signed by an officer in the service of the Government 
shall, on production, be presumed to have been duly signed by the person by whom and in the character in 
which it purports to have been signed, until the contrary is shown. 

141.  Enrolment  paper.—(1)  Any  enrolment  paper  purporting  to  be  signed  by  an  enrolling  officer 
shall,  in  proceedings  under  this  Act,  be  evidence  of  the  person  enrolled  having  given  the  answers  to 
questions which he is therein represented as having given. 

(2) The enrolment of such person may be proved by the production of the original or a copy of his 
enrolment  paper  purporting  to  be  certified  to  be  a  true  copy  by  the  officer  having  the  custody  of  the 
enrolment paper. 

142. Presumption as to certain documents.—(1) A letter, return or other document respecting the 
service of any person in, or the cashiering, dismissal or discharge of any person from, any portion of the 
regular  Army,  or  respecting  the  circumstance  of  any  person  not  having  served  in,  or  belonged  to,  any 
portion of the Forces, if purporting to be signed by or on behalf of the Central Government or 1[the Chief 
of the Army Staff], or by any prescribed officer, shall be evidence of the facts stated in such letter, return 
or other document.  

(2)  An  Army,  Navy  or  Air  Force  List  or  Gazette  purporting  to  be  published  by  authority  shall  be 
evidence of the status and rank of the officers, junior commissioned officers or warrant officers therein 
mentioned,  and  of  any  appointment  held  by  them  and  of  the  corps,  battalion  or  arm  or  branch  of  the 
services to which they belong. 

(3)  Where  a  record  is  made  in  any  regimental  book  in  pursuance  of  this  Act  or  of  any  rules  made 
thereunder  or  otherwise  in  pursuance  of  military  duty,  and  purports  to  be  signed  by  the  commanding 
officer or by the officer whose duty it is to make such record, such record shall be evidence of the facts 
therein stated. 

(4) A copy of any record in any regimental book purporting to be certified to be a true copy by the 

officer having custody of such book shall be evidence of such record. 

(5) Where any person subject to this Act is being tried on a charge of desertion or of absence without 
leave, and such person has surrendered himself into the custody of any officer or other person subject to 
this  Act,  or  any  portion  of  the  regular  Army,  or  has  been  apprehended  by  such  officer  or  person,  a 
certificate  purporting  to  be  signed  by  such  officer,  or  by  the  commanding  officer  of that portion  of the 
regular Army, or by the commanding officer of the corps, department or detachment to which such person 
belongs, as the case may be, and stating the fact, date and place of such surrender or apprehension, and 
the manner in which he was dressed, shall be evidence of the matters so stated.  

(6) Where any person subject to this Act is being tried on a charge of desertion or of absence without 
leave, and such person has surrendered himself into the custody of, or has been apprehended by, a police 
officer not below the rank of an officer in charge of a police station, a certificate purporting to be signed 
by  such  police  officer  and  stating  the  fact,  date  and  place  of  such  surrender  or  apprehension  and  the 
manner in which he was dressed shall be evidence of the matters so stated. 

(7) Any document purporting to be a report under the hand of any Chemical Examiner or Assistant 
Chemical  Examiner  to  Government  2[or  any  of  the  Government  scientific  experts  namely,  the  Chief 

1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in-Chief “. 
2. Ins. by Act 37 of 1992, s. 15. 

37 

 
                                                           
Inspector  of  the  Explosives,  the  Director  of  the  Finger  Print  Bureau,  the  Director,  Haffkeine  Institute, 
Bombay, the Director of a Central Forensic Science Laboratory or a State Forensic Science Laboratory 
and the Serologist to the Government] upon any matter or thing duly submitted to him for examination or 
analysis and report may be used as evidence in any proceeding under this Act. 

143.  Reference  by  accused  to  Government  officer.—(1)  If  at  any  trial  for  desertion  or  absence 
without leave, overstaying leave or not rejoining when warned for service, the person tried states in his 
defence any sufficient or reasonable excuse for his unauthorised absence, and refers in support thereof to 
any officer in the service of the Government, or if it appears that any such officer is likely to prove or 
disprove  the  said  statement  in  the  defence,  the  court  shall  address  such  officer  and  adjourn  the 
proceedings until his reply is received. 

(2) The written reply of any officer so referred to shall, if signed by him be received in evidence and 

have the same effect as if made on oath before the court. 

(3) If the court is dissolved before the receipt of such reply, or if the court omits to comply with the 
provisions of this section, the convening officer may, at his discretion, annul the proceedings and order a, 
fresh trial. 

144.  Evidence  of  previous  convictions  and  general  character.—(1)  When  any  person  subject  to 
this Act has been convicted by a court-martial of any offence, such court-martial may inquire into, and 
receive and record evidence of any previous convictions of such person, either by a court-martial or by a 
criminal court, or any previous award of punishment under any of the sections 80, 83, 84 and 85, and may 
further  inquire  into  and  record  the  general  character  of  such  person  and  such  other  matters  as  may  be 
prescribed.  

(2) Evidence received under this section may be either oral, or in the shape of entries in, or certified 
extracts from,  court-martial  books  or  other  official  records; and it  shall  not  be necessary  to  give  notice 
before trial to the person tried that evidence as to his previous convictions or character will be received. 

(3) At a summary court-martial the officer holding the trial may, if he thinks fit, record any previous 
convictions against the offender, his general character, and such other matters as may be prescribed, as of 
his own knowledge, instead of requiring them to be proved under the foregoing provisions of this section. 

145. Lunacy of accused.—(1) Whenever, in the course of a trial by a court-martial, it appears to the 
court that the person charged is by reason of unsoundness of mind incapable of making his defence, or 
that he committed the act alleged but was by reason of unsoundness of mind incapable of knowing the 
nature  of  the  act  or  knowing  that  it  was  wrong  or  contrary  to  law,  the  court  shall  record  a  finding 
accordingly. 

(2) The presiding officer of the court, or, in the case of a summary court-martial, the officer holding 
the trial, shall forthwith report the case to the confirming officer, or to the authority empowered to deal 
with its finding under section 162, as the case may be. 

(3)  The  confirming  officer  to  whom  the  case  is  reported  under  sub-section  (2)  may,  if  he  does  not 
confirm the finding, take steps to have the accused person tried by the same or another court-martial for 
the offence with which he was charged. 

(4) The authority to whom the finding of a summary court-martial is reported under sub-section (2), 
and  a  confirming  officer  confirming  a  finding  in  any  case  so  reported  to  him  shall  order  the  accused 
person  to  be  kept  in  custody  in  the  prescribed  manner  and  shall  report  the  case  for  the  orders  of  the 
Central Government. 

(5) On receipt of a report under sub-section (4) the Central Government may order the accused person 

to be detained in a lunatic asylum or other suitable place of safe custody. 

146.  Subsequent  fitness  of  lunatic  accused  for  trial.—Where  any  accused  person,  having  been 
found by reason of unsoundness of mind to be incapable of making his defence, is in custody or under 
detention under section 145, the officer commanding the army, army corps, division or brigade within the 

38 

 
area of whose command the accused is in custody or is detained, or any other officer prescribed in this 
behalf, may— 

(a) if such person is in custody under sub-section (4) of section 145, on the report of a medical 

officer that he is capable of making his defence, or 

(b) if such person is detained in a jail under sub-section (5) of section 145, on a certificate of the 
Inspector General of Prisons, and if such person is detained in a lunatic asylum under the said sub-
section on a certificate of any two or more of the visitors of such asylum that he is capable of making 
his defence, 

take steps to have such person tried by the same or another court-martial for the offence with which he 
was originally charged or, if the offence is a civil offence, by a criminal court. 

147. Transmission to Central Government of orders under section 146.—A copy of every order 
made  by  an  officer  under  section 146  for  the trial of  the  accused  shall  forthwith  be  sent to  the  Central 
Government. 

148.  Release  of  lunatic  accused.—Where  any  person  is  in  custody  under  sub-section  (4)  of                

section 145 or under detention under sub-section (5) of that section— 

(a) if such person is in custody under the said sub-section (4), on the report of a medical officer, 

or  

(b)  if  such  person  is  detained  under  the  said  sub-section  (5),  on  a  certificate  from  any  of  the 
authorities mentioned in clause (b) of section 146 that, in the judgment of such officer or authority 
such person may be released without danger of his doing injury to himself or to any other person,  

the Central Government may order that such person be released or detained in custody, or transferred to a 
public lunatic asylum if he has not already been sent to such an asylum. 

149. Delivery of lunatic accused to relatives.—Where any relative or friend of any person who is in 
custody  under  sub-section  (4)  of  section  145  or  under  detention  under  sub-section  (5)  of  that  section 
desires that he should be delivered to his care and custody, the Central Government may upon application 
by such relative or friend and on his giving security to the satisfaction of that Government that the person 
delivered shall be properly taken care of and prevented from doing injury to himself or any other person, 
and  be  produced  for  the  inspection  of  such  officer,  and  at  such  times  and  places,  as  the  Central 
Government may direct, order such person to be delivered to such relative or friend. 

150.  Order  for  custody  and  disposal  of  property  pending  trial.—When  any  property  regarding 
which  any  offence  appears  to  have  been  committed,  or  which  appears  to  have  been  used  for  the 
commission of  any  offence,  is  produced  before  a  court-martial  during  a  trial, the  court  may  make  such 
order as it thinks fit for the proper custody of such property pending the conclusion of the trial, and if the 
property is subject to speedy or natural decay may, after recording such evidence as it thinks necessary, 
order it to be sold or otherwise disposed of. 

151.  Order  for  disposal  of  property  regarding  which  offence  is  committed.—(1)  After  the 
conclusion of a trial before any court-martial, the Court or the officer confirming the finding or sentence 
of such court-martial, or any authority superior to such officer, or, in the case of a court-martial whose 
finding or sentence does not require confirmation, the officer commanding the army, army corps, division 
or brigade within which the trial was held, may make such order as it or he thinks fit for the disposal by 
destruction,  confiscation,  delivery  to  any  person  claiming  to  be  entitled  to  possession  thereof,  or 
otherwise, of any property or document produced before the Court or in its custody, or regarding which 
any offence appears to have been committed or which has been used for the commission of any offence. 

(2) Where any order has been made under sub-section (1) in respect of property regarding which an 
offence  appears  to  have  been  committed,  a  copy  of  such  order  signed  and  certified  by  the  authority 
making the same may, whether the trial was held within India or not, be sent to a magistrate within whose 
jurisdiction  such  property  for  the  time  being  is  situated,  and  such  magistrate  shall  thereupon  cause  the 

39 

 
order to be carried into effect as if it were an order passed by him under the provisions of the  1[Code of 
Criminal  Procedure,  1973 (2  of 1974)],  or  any  corresponding law in  force  in  2[the  State  of Jammu  and 
Kashmir*]. 

(3) In this section the term  “property” includes, in the case of property regarding which an offence 
appears to have been committed, not only such property as has been originally in the possession or under 
the control of any person, but also any property into or for which the same may have been converted or 
exchanged, and anything acquired by such conversion or exchange whether immediately or otherwise. 

152.  Powers  of  court-martial  in  relation  to  proceedings  under  this  Act.—Any  trial  by  a  court-
martial under the provisions of this Act shall be deemed to be a judicial proceeding within the meaning of 
sections 193 and 228 of the Indian Penal Code (45 of 1860), and the court-martial shall be deemed to be a 
Court  within  the  meaning  of  3[sections  345  and  346  of  the  Code  of  Criminal  Procedure,  1973                    
(2 of 1974)].  

CHAPTER XII 

CONFIRMATION AND REVISION 

153.  Finding  and  sentence  not  valid,  unless  confirmed.—No  finding  or  sentence  of  a  general, 
district or summary general, court-martial shall be valid except so far as it may be confirmed as provided 
by this Act.  

154.  Power  to  confirm  finding  and  sentence  of  general  court-martial.—The  findings  and 
sentences  of  general  courts-martial  may  be  confirmed  by  the  Central  Government,  or  by  any  officer 
empowered in this behalf by warrant of the Central Government. 

155.  Power  to  confirm  finding  and  sentence  of  district  court-martial.—The  findings  and 
sentences of district court-martial may be confirmed by any officer having power to convene a general 
court-martial or by any officer empowered in this behalf by warrant of such officer. 

156. Limitation of powers of confirming authority.—A warrant issued under section 154 or section 

155 may contain such restrictions, reservations or conditions as the authority issuing it may think fit. 

157.  Power  to  confirm  finding  and  sentence  of  summary  general  court-martial.—The  findings 
and sentences of summary general court-martial may be confirmed by the convening officer or if he so 
directs, by an authority superior to him. 

158.  Power  of  confirming  authority  to  mitigate,  remit  or  commute  sentences.—(1)  Subject  to 
such restrictions, reservations or conditions as may be contained in any warrant issued under section 154 
or section 155 and to the provision of sub-section (2), a confirming authority may, when confirming the 
sentence  of  a  court-martial,  mitigate  or  remit  the  punishment  thereby  awarded,  or  commute  that 
punishment for any punishment or punishments lower in the scale laid down in section 71. 

(2)  A  sentence  of  transportation  shall  not  be  commuted  for  a  sentence  of  imprisonment  for  a  term 

exceeding the term of transportation awarded by the Court. 

159. Confirming of findings and sentences on board a ship.—When any person subject to this Act 
is  tried  and  sentenced  by  a  court-martial  while  on  board  a  ship,  the  finding  and  sentence  so  far  as  not 
confirmed  and  executed  on  board  the  ship,  may  be  confirmed  and  executed  in  like  manner  as  if  such 
person had been tried at the port of disembarkation. 

160. Revision of finding or sentence.—(1) Any finding or sentence of a court-martial which requires 
confirmation may be once revised by order of the confirming authority and on such revision, the Court, if 
so directed by the con-firming authority, may take additional evidence. 

1. Subs. by Act 37 of 1992, s. 14, for certain words.  
2. Subs. by the Adaptation of Laws (No. 3) Order, 1956 for “a Part B State”. 
3. Subs. by Act 37 of 1992, s. 16, for certain words. 
*.  Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and 
the Union territory of Ladakh. 

40 

 
                                                           
(2)  The  court,  on  revision,  shall  consist  of  the  same  officers  as  were  present  when  the  original 

decision was passed, unless any of those officers are unavoidably absent. 

(3) In case of such unavoidable absence the cause thereof shall be duly certified in the proceedings, 
and the court shall proceed with the revision, provided that, if a general court-martial, it still consists of 
five officers, or, if a summary general or district court-martial, of three officers. 

161. Finding and sentence of a summary court-martial.—(1) Save as otherwise provided in sub-
section  (2),  the finding  and  sentence  of  a summary  court-martial  shall  not  require  to  be confirmed,  but 
may be carried out forthwith. 

(2)  If  the  officer  holding  the  trial  is  of  less  than  five  years  service,  he  shall  not,  except  on  active 
service, carry into effect any sentence until it has received the approval of an officer commanding not less 
than a brigade. 

162.  Transmission  of  proceedings  of  summary  court-martial.—The  proceedings  of  every 
summary  court-martial  shall  without  delay  be  forwarded  to  the  officer  commanding  the  division  or 
brigade within which the trial was held, or to the prescribed officer; and such officer, or 1[the Chief of the 
Army Staff], or any officer empowered in this behalf by  1[the Chief of the Army Staff], may, for reasons 
based on the merits of the case, but not any merely technical grounds, set aside the proceedings or reduce 
the sentence to any other sentence which the court might have passed. 

163. Alteration of finding or sentence in certain cases.—(1) Where a finding of guilty by a court-
martial, which has been confirmed, or which does not require confirmation, is found for any reason to be 
invalid or cannot be supported by the evidence, the authority which would have had power under section 
179 to commute the punishment awarded by the sentence, if the finding had been valid, may substitute a 
new finding and pass a sentence for the offence specified or involved in such finding:  

Provided that no such substitution shall be made unless such finding could have been validly made by 
the court-martial on the charge and unless it appears that the court-martial must have been satisfied of the 
facts establishing the said offence. 

(2) Where a sentence passed by a court-martial which has been confirmed, or which does not require 
confirmation, not being a sentence passed in pursuance of a new finding substituted under sub-section (1), 
is  found  for  any  reason  to  be  invalid,  the  authority  referred  to  in  sub-section  (1)  may  pass  a  valid 
sentence. 

(3) The punishment awarded by a sentence passed under sub-section (1) or sub-section (2) shall not 
be higher in the scale of punishments than, or in excess of, the punishment awarded by, the sentence for 
which a new sentence is substituted under this section. 

(4) Any finding substituted, or any sentence passed, under this section shall, for the purposes of this 
Act and the rules made thereunder, have effect as if it were a finding or sentence, as the case may be, of a 
court-martial. 

164. Remedy against order, finding or sentence of court-martial.—(1) Any person subject to this 
Act who considers himself aggrieved by any order passed by any court-martial may present a petition to 
the  officer  or  authority  empowered  to  confirm  any  finding  or  sentence  of  such  court-martial,  and  the 
confirming  authority  may  take  such  steps  as  may  be  considered  necessary  to  satisfy  itself  as  to  the 
correctness, legality or propriety of the order passed or as to the regularity of any proceeding to which the 
order relates. 

(2) Any person subject to this Act who considers himself aggrieved by a finding or sentence of any 
court-martial which has been confirmed, may present a petition to the Central Government, 1[the Chief of 
the Army Staff] or any prescribed officer superior in command to the one who confirmed such finding or 
sentence, and the Central Government, 1[the Chief of the Army Staff] or other officer, as the case may be, 
may pass such order thereon as it or he thinks fit. 

1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in-Chief ”.   

41 

 
                                                           
165. Annulment of proceedings.—The Central Government,  1[the Chief of the Army Staff] or any 
prescribed officer may annul the proceedings of any court-martial on the ground that they are illegal or 
unjust. 

CHAPTER XIII 

EXECUTION OF SENTENCES 

166.  Form  of  sentence  of  death.—In  awarding  a  sentence  of  death  a  court-martial  shall,  in  its 
discretion, direct that the offender shall suffer death by being hanged by the neck until he be dead, or shall 
suffer death by being shot to death. 

167.  Commencement  of  sentence  of  transportation  or  imprisonment.—Whenever  any  person  is 
sentenced  by  a  court-martial under this  Act  to  transportation or  imprisonment, the term  of  his sentence 
shall,  whether  it  has  been  revised  or  not,  be  reckoned  to  commence  on  the  day  on  which  the  original 
proceedings were signed by the presiding officer or, in the case of a summary court-martial, by the court. 

168. Execution of sentence of transportation.—Whenever any sentence of transportation is passed 
under this Act or whenever any sentence of death is commuted to transportation, the commanding officer 
of  the  person  under  sentence  or  such  other  officer  as  may  be  prescribed shall forward a  warrant in  the 
prescribed form to the officer in charge of the civil prison in which such person is to be confined and shall 
arrange for his despatch to such prison with the warrant. 

169.  Execution  of  sentence  of  imprisonment.—(1)  Whenever  any  sentence  of  imprisonment  is 
passed under this Act by a court-martial or whenever any sentence of death or transportation is commuted 
to  imprisonment,  the  confirming  officer  or  in  case  of  a  summary  court-martial  the  officer  holding  the 
Court or such other officer as may be prescribed, shall, save as otherwise provided in sub-sections (3) and 
(4), direct either that the sentence shall be carried out by confinement in a military prison or that it shall 
be carried out by confinement in a civil prison. 

(2)  When  a  direction  has  been  made  under  sub-section  (1)  the  commanding  officer  of  the  person 
under sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form 
to  the  officer  in  charge  of  the  prison  in  which  such  person  is  to  be  confined  and  shall  arrange  for  his 
despatch to such prison with the warrant. 

(3)  In  the  case  of  a  sentence  of  imprisonment  for  a  period  not  exceeding  three  months  and  passed 
under  this  Act  by  a  court-martial,  the  appropriate  officer  under  sub-section  (1)  may  direct  that  the 
sentence shall be carried out by confinement in military custody instead of in a civil or military prison. 

(4) On active service, a sentence of imprisonment may be carried out by confinement in such place as 

the officer commanding the forces in the field may from time to time appoint. 

2[169A.  Period  of  custody  undergone  by  the  officer  or  person  to  be  set  off  against  the 
imprisonment.—When a person or officer subject to this Act is sentenced by a court-martial to a term of 
imprisonment, not being an imprisonment in default of payment of fine, the period spent by him in civil 
or military custody during investigation, inquiry or trial of the same case, and before the date of order of 
such sentence, shall be set off against the term of imprisonment imposed upon him, and the liability of 
such  person  or  officer  to  undergo  imprisonment  on  such  order  of  sentence  shall  be  restricted  to  the 
remainder, if any, of the term of imprisonment imposed upon him.] 

170.  Temporary  custody  of  offender.—Where  a  sentence  of  transportation  or  imprisonment  is 
directed  to  be  undergone  in  a  civil  prison  the  offender  may  be  kept  in  a  military  prison  or  in  military 
custody or in any other fit place, till such time as it is possible send him to a civil prison. 

171.  Execution  of  sentence  of  imprisonment  in  special  cases.—Whenever,  in  the  opinion  of  an 
officer commanding an army, army corps, division or independent brigade, any sentence or portion of a 
sentence of imprisonment cannot for special reasons, conveniently be carried out in a military prison or in 

1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in-Chief ”. 
2.  Ins. by Act 37 of 1992, s.17. 

42 

 
                                                           
military  custody  in  accordance  with  the  provision  of  section  169  such  officer  may  direct  that  such 
sentence or portion of sentence shall be carried out by confinement in any civil, prison or other fit place. 

172. Conveyance of prisoner from place to place.—A person under sentence of transportation or 
imprisonment  may  during  his  conveyance  from  place  to  place,  or  when  on  board  ship,  aircraft,  or 
otherwise, be subjected to such restraint as is necessary for his safe conduct and removal. 

173. Communication of certain orders to prison officers.—Whenever an order is duly made under 
this Act setting aside or varying any sentence, order or warrant under which any person is confined in a 
civil or military prison, a warrant in accordance with such order shall be forwarded by the officer making 
the  order  or  his  staff  officer  or  such  other  person  as  may  be  prescribed  to  the  officer  in  charge  of  the 
prison in which such person is confined. 

174. Execution of sentence of fine.—When a sentence of fine is imposed by a court-martial under 
section 69 whether the trial was held within India or not, a copy of such sentence, signed and certified by 
the confirming officer, or where no confirmation is required, by the officer holding the trial may be sent 
to  any  magistrate  in  India,  and  such  magistrate  shall  thereupon  cause  the  fine  to  be  recovered  in 
accordance  with  the  provision  of  the  1[Code  of  Criminal  Procedure,  1973(2  of  1974)],  or  any 
corresponding  law in force  in  2[the  State  of Jammu  and  Kashmir*] for the levy  of  fines  as if it  were a 
sentence of fine imposed by such magistrate. 

175.  Establishment  and  regulation  of  military  prisons.—The  Central  Government  may  set  apart 
any building or part of a building, or any place under its control, as a military prison for the confinement 
of persons sentenced to imprisonment under this Act. 

176.  Informality  or  error  in  the  order  or  warrant.—Whenever  any  person  is  sentenced  to 
transportation or imprisonment under this Act, and is undergoing the sentence in any place or manner in 
which he might be confined under a lawful order or warrant in pursuance of this Act, the confinement of 
such person shall not be deemed to be illegal only by reason of any informality or error in or as respects 
the order, warrant or other document, or the authority by which, or in pursuance whereof such person was 
brought into or is confined in any such place, and any such order, warrant or document may be amended 
accordingly. 

177.  Power  to  make  rules  in  respect  of  prisons  and  prisoners.—The  Central  Government  may 

make rules providing— 

(a) for the government, management and regulation of military prisons;   

(b)  for  the  appointment,  removal  and  powers  of  inspectors,  visitors,  governors  and-officers 

thereof; 

(c) for the labour of prisoners undergoing confinement therein, and for enabling persons to earn, 

by special industry and good conduct, a remission of a portion of their sentence; 

(d)  for  the  safe  custody  of  prisoners  and  the  maintenance  of  discipline  among  them  and  the 

punishment, by personal correction, restraint or otherwise, of offences committed by prisoners; 

(e)  for  the  application  to  military  prisons  of  any  of  the  provisions  of  the  Prisons  Act,  1894               

(9 of 1894), relating to the duties of 267 officers of prisons and the punishment of persons not being 
prisoners; 

(f) for the admission into any prison, at proper times and subject to proper restrictions, of persons 
with  whom  prisoners  may  desire  to  communicate,  and  for  the  consultation  by  prisoners  under  trial 
with  their  legal  advisers  without  the  presence  as  far  as  possible  of  any  third  party  within  hearing 
distance. 

1. Subs. by Act 37 of 1992, s. 14, for “Code of Criminal Procedure, 1898 (5 of 1898)”.  
2. Subs. by the Adaptation of Laws (No. 3) order, 1956,  for “a Part B State”. 
*.  Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu 

and Kashmir and the Union territory of Ladakh. 

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178.  Restriction  of  rulemaking  power  in  regard  to  corporal  punishment.—Rules  made  under 
section  177  shall  not  authorise  corporal  punishment  to  be  inflicted  for  any  offence,  nor  render  the 
imprisonment more severe than it is under the law for the time being in force relating to civil prisons. 

CHAPTER XIV 

PARDONS, REMISSIONS AND SUSPENSIONS 

179.  Pardon  and  remission.—When  any  person  subject  to  this  Act  has  been  convicted  by  a                

court-martial of any offence, the Central Government or 1[the Chief of the Army Staff] or, in the case of a 
sentence, which he could have confirmed or which did not, require confirmation, the officer commanding 
the army, army corps, division or independent brigade in which such person at the time of conviction was 
serving, or the prescribed officer may— 

(a)  either  with  or  without conditions  which the  person  sentenced  accepts,  pardon  the  person  or 

remit the whole or any part of the punishment awarded; or 

(b) mitigate the punishment awarded; or 

(c) commute such punishment for any less punishment or punishments mentioned in this Act: 

Provided that a sentence of transportation shall not be commuted for a sentence of imprisonment 

for a term exceeding the term of transportation awarded by the court; or 

(d) either with or without conditions which the person sentenced accepts, release the person on 

parole.  

180. Cancellation of conditional pardon, release on parole or remission.—(1) If any condition on 
which  a  person  has  been  pardoned  or  released  on  parole  or  a  punishment  has  been  remitted  is,  in  the 
opinion of the authority which granted the pardon, release or re-mission, not fulfilled, such authority may 
cancel the pardon, release or remission, and thereupon the sentence of the court shall be carried into effect 
as if such pardon, release or remission had not been granted. 

(2)  A  person  whose  sentence  of  transportation  or  imprisonment  is  carried  into  effect  under  the 

provisions of sub-section (1) shall undergo only the unexpired portion of his sentence. 

181.  Reduction  of warrant  officer  or  non-commissioned  officer.—When under  the  provisions  of 
section  77  a  warrant  officer  or a  non-commissioned officer  is  deemed  to  be reduced to the ranks,  such 
reduction  shall,  for  the purpose  of section  179,  be treated as  a  punishment  awarded  by  a  sentence  of  a 
court-martial. 

182. Suspension of sentence of transportation or imprisonment.—(1) Where a person subject to 
this Act is sentenced by a court-martial to transportation or imprisonment, the Central Government, 1[the 
Chief  of  the  Army  Staff]  or  any  officer  empowered  to  convene  a  general  or  a  summary  general           
court-martial may suspend the sentence whether or not the offender has already been committed to prison 
or to military custody. 

(2) The authority or officer specified in sub-section (1) may in the case of an offender so sentenced 
direct  that,  until  the  orders  of  such  authority  or  officer  have  been  obtained  the  offender  shall  not  be 
committed to prison or to military custody. 

(3)  The  powers  conferred  by  sub-sections  (1)  and  (2)  may  be  exercised  in  the  case  of  any  such 

sentence which has been confirmed, reduced or commuted. 

183. Orders pending suspension.—(1) Where the sentence referred to in section 182 is imposed by 
a  court-martial  other  than  a  summary  court-martial,  the  confirming  officer  may,  when  confirming  the 
sentence, direct that the offender be not committed to prison or to military custody until the orders of the 
authority or officer specified in section 182 have been obtained. 

1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in-Chief”. 

44 

 
                                                           
(2) Where a sentence of imprisonment is imposed by a summary court-martial, the officer holding the 
trial or the officer authorised to approve of the sentence under sub-section (2) of section 161 may make 
the direction referred to in sub-section (1). 

184. Release on suspension.—Where a sentence is suspended under section 182, the offender shall 

forthwith be released from custody. 

185.  Computation  of  period  of  suspension.—Any  period  during  which  the  sentence  is  under 

suspension shall be reckoned as part of the term of such sentence.  

186.  Order  after  suspension.—The  authority  or  officer  specified  in  section  182  may,  at  any  time 

while a sentence is suspended, order— 

(a) that the offender be committed to undergo the unexpired portion of the sentence, or 

(b) that the sentence be remitted. 

187. Reconsideration of case after suspension.—(1) Where a sentence has been suspended, the case 
may at any time, and shall at intervals of not more than four months, be reconsidered by the authority or 
officer specified in section 182, or by any general or other officer not below the rank of field officer duly 
authorised by the authority or officer specified in section 182. 

(2) Where on such reconsideration by the officer so authorised it appears to him that the conduct of 
the offender since his conviction has been such as to justify a remission of the sentence, he shall refer the 
matter to the authority or officer specified in section 182. 

188. Fresh sentences after suspension.—Where an offender, while a sentence on him is suspended 

under this Act, is sentenced for any other offence, then— 

(a)  if  the  further  sentence  is  also  suspended  under  this  Act,  the  two  sentences  shall  run 

concurrently; 

(b) if the further sentence is for a period of three months or more and is not suspended under this 
Act, the offender shall also be committed to prison or military custody for the unexpired portion of 
the previous sentence, but both sentences shall run concurrently; and 

(c) if the further sentence is for a period of less than three months and is not suspended under this 
Act, the offender shall be so committed on that sentence only, and the previous sentence shall, subject 
to any order which may be passed under section 186 or section 187, continue to be suspended. 

189.  Scope  of  power  of  suspension.—The  powers  conferred  by  sections  182  and  186  shall  be  in 

addition to and not in derogation of the power of mitigation, remission and commutation. 

190. Effect of suspension and remission on dismissal.—(1) Where in addition to any other sentence 
the punishment of dismissal has been awarded by a court-martial, and such other sentence is suspended 
under section 182, then, such dismissal shall not take effect until so ordered by the authority or officer 
specified in section 182. 

(2)  If  such  other  sentence  is  remitted  under  section  186,  the  punishment  of  dismissal  shall  also  be 

remitted. 

CHAPTER XV 

RULES 

191.  Power  to  make  rules.—(1)  The  Central  Government  may  make  rules  for  the  purpose  of 

carrying into effect the provisions of this Act. 

(2)  Without  prejudice  to  the  generality  of  the  power  conferred  by  sub-section  (1),  the  rules  made 

thereunder may provide for— 

(a) the removal, retirement, release or discharge from the service of persons subject to this Act;  

(b) the amount and incidence of fines to be imposed under section 89; 

45 

 
1* 

* 

* 

* 

* 

(d) the assembly and procedure of courts of inquiry, the recording of summaries of evidence and 

the administration of oaths or affirmations by such courts; 

(e) the convening and constituting of court-martial and the appointment of prosecutors at trials by 

courts-martial; 

(f) the adjournment, dissolution and sitting of court-martial; 

(g)  the  procedure  to  be  observed  in  trials  by  courts-martial  and  the  appearance  of  legal 

practitioners thereat; 

(h) the confirmation, revision and annulment of, and petitions against, the findings and sentences 

of courts-martial; 

(i) the carrying into effect of sentences of court-martial; 

(j)  the  forms  of  orders  to  be  made  under  the  provisions  of  this  Act  relating  to  court-martial, 

transportation and imprisonment; 

(k)  the  constitution  of  authorities  to  decide  for  what  persons,  to  what  amounts  and  in  what 
manner, provision should be made for dependants under section 99, and the due carrying out of such 
decisions; 

(l) the relative rank of the officers, junior commissioned officers, warrant officers, petty officers 

and non-commissioned officers of the regular Army, Navy and Air Force when acting together; 

(m) any other matter directed by this Act to be prescribed. 

192. Power to make regulations.—The Central Government may make regulations for all or any of 

the purposes of this Act other than those specified in section 191. 

193. Publication of rules and regulations in Gazette.—All rules and regulations made under this 
Act shall be published in the Official Gazette and on such publication, shall have effect as if enacted in 
this Act.  

2[193A.  Rules  and  regulations  to  be  laid  before  Parliament.—Every  rule  and  every  regulation 
made by the Central Government under this Act shall be laid, as soon as may be after it is made, before 
each House of Parliament while it is in session, for a total period of thirty days which may be comprised 
in one session or in two or more successive sessions, and if, before the expiry of the session immediately 
following the session, or the successive sessions aforesaid, both Houses agree in making any modification 
in the rule or regulation should not be made the rule or regulation  or shall thereafter have effect only in 
such  modified  form  or  be  of  no  effect,  as  the  case  may  be;  so,  however  that  any  such  modification  or 
annulment  shall  be  without  prejudice  to  the  validity  of  anything  previously  done  under  that  rule  or 
regulation.]  

194.  [Repeals.]  Rep.  by  the  Repealing  and  Amending  Act,  1957  (36  of  1957),  s.  2  and  the  First 

Schedule.   

195-196.  [Chapter  XVI.]  Omitted  by  the  Army  (Amendment)  Act,  1992  (37  of  1982),  s.  19                

(w.e.f. 6-9-1992). 

THE SCHEDULE.—Rep. by the Repealing and Amending Act, 1957 (36 of 1957), s. 2 and the First 

Schedule.   

1. Omitted by Act 37 of 1992, s. 18. 
2. Ins. by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15-3-1984). 
46 

 
 
 
 
 
 
 
 
                                                           
